Clyde Garnett Land, III v. The State of TexasAppeal from 242nd District Court of Hale County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-13-00099-CR ________________________ CLYDE GARNETT LAND, III, APPELLANT v. THE STATE OF TEXAS, APPELLEE On Appeal from the 242nd District Court Hale County, Texas Trial Court No. B17581-0803, Honorable Edward Self, Presiding May 22, 2013 ON ABATEMENT AND REMAND Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Appellant Clyde Garnett Land, III appeals from his conviction for theft. The district clerk has requested an extension of time to file the record, stating that appellant has not paid or made arrangements to pay for the record. Accordingly, we abate this appeal and remand the cause to the 242nd District Court of Hale County (trial court) for further proceedings. Upon remand, the trial court shall determine the following: 1. whether appellant desires to prosecute the appeal; 2. whether appellant is indigent; and, if so, 3. whether appellant is entitled to a free record or appointed counsel. The trial court is also directed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters (including the name, address, and phone number of any attorney it may appoint to represent appellant in this appeal) in a supplemental record and cause that record to be filed with this court by June 21, 2013. Should further time be needed to perform these tasks, then same must be requested before June 21, 2013. It is so ordered. Per Curiam Do not publish. 2

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