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Matthew Paul Mikula v. State
Citation: Not availableDocket: 07-19-00344-CR
Court: Court of Appeals of Texas; December 19, 2019; Texas; State Appellate Court
Original Court Document: View Document
Matthew Paul Mikula appeals his conviction for theft from a human corpse or grave, with an eleven-month sentence in a state jail. The appellate record was due on November 4, 2019. While the clerk’s record was submitted, the reporter’s record was not because Mikula did not request its preparation or make payment arrangements. The court notified him to do so by November 14, warning that failure to comply could lead to the abatement of his appeal. Since Mikula did not respond, the court abates the appeal and remands the case to the trial court for further proceedings. The trial court is instructed to determine whether Mikula still wishes to pursue the appeal, assess his indigence status for potential appointment of appellate counsel, and decide if he qualifies for a free reporter’s record. Additionally, if he does not qualify for a free record, the court will ascertain when he can make payment arrangements. The trial court must ensure the prompt filing of the reporter’s record and a clerk’s record of findings and conclusions from any hearings held, with submissions due by January 21, 2020.