Matthew Paul Mikula v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-19-00344-CR
MATTHEW PAUL MIKULA, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 13th District Court1
Navarro County, Texas
Trial Court No. D37990-CR, Honorable James E. Lagomarsino, Presiding
December 20, 2019
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Appellant Matthew Paul Mikula, proceeding pro se, appeals his conviction of theft
from a human corpse or grave2 and sentence to eleven months’ confinement in a state
jail facility. The appellate record was due on November 4, 2019. The clerk’s record was
filed by this date, but the reporter’s record was not. On November 4, the reporter notified
1 Originally appealed to the Tenth Court of Appeals, this case was transferred to this Court by the
Texas Supreme Court pursuant to its docket equalization efforts. TEX. GOV’T CODE ANN. § 73.001 (West
2013).
2 TEX. PENAL CODE ANN. § 31.03(e)(4)(B) (West 2019).
the Court that appellant had not requested preparation or made payment arrangements
for the reporter’s record. TEX. R. APP. P. 35.3(b)(2), (b)(3). By letter that day, we directed
appellant to request preparation and make acceptable payment arrangements for the
reporter’s record by November 14. Failure to do so, we advised, could result in the appeal
being abated and the cause remanded to the trial court for further proceedings. Appellant
has not requested preparation or made payment arrangements for the reporter’s record
to date.
Accordingly, we abate the appeal and remand the cause to the trial court for further
proceedings. TEX. R. APP. P. 37.3(a)(2). Upon remand, the trial court shall utilize
whatever means it finds necessary to determine the following:
(1) whether appellant still desires to prosecute the appeal;
(2) whether appellant is indigent and entitled to the appointment of appellate
counsel;
(3) whether appellant is entitled to have the reporter’s record furnished without
charge;
(4) if appellant is not entitled to have the reporter’s record furnished without
charge, the date appellant will make acceptable payment arrangements for
the reporter’s record; and
(5) what orders, if any, should be entered to assure that the reporter’s record
will be promptly filed and that the appeal will be diligently pursued.
If it is determined that appellant desires to proceed with the appeal, is indigent,
and is entitled to appointed counsel, the trial court shall appoint appellate counsel. The
name, address, email address, telephone number, and state bar number of appointed
counsel shall be provided to the Clerk of this Court. The trial court shall also cause to be
developed a clerk’s record containing the findings of fact and conclusions of law and a
2
reporter’s record transcribing the evidence and argument presented at any hearing held.
The hearing record shall be filed with the Clerk of this Court on or before January 21,
2020.
It is so ordered.
Per Curiam
Do not publish.
3