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Although this appeal has been pending since 2008 and Appellant Melanie Denise McFatridge was originally determined to not be indigent, McFatridge recently filed a subsequent motion for a free reporter’s record with the trial court. The court initially set the matter for hearing but later advised McFatridge that it would not hear the motion unless ordered to do so by this Court because it did not have jurisdiction due to the pendency of her appeal. We will abate the appeal for a hearing on McFatridge’s subsequent motion for a free reporter’s record.

In 2008, this Court affirmed the trial court’s ruling that McFatridge was not indigent for purposes of this appeal, and the Court of Criminal Appeals later affirmed our decision. See McFatridge v. State, 262 S.W.3d 907 (Tex. App.–Waco 2008), affirmed, 309 S.W.3d 1 (Tex. Crim. App. 2010). After the record and mandate were received from the Court of Criminal Appeals, the case was reinstated on this Court’s docket. The Clerk notified the parties that the appellate record was due within 30 days and that, within that time period, McFatridge must pay the clerk’s and reporter’s fees for preparation of these records or make payment arrangements. McFatridge responded by filing her subsequent motion for a free reporter’s record in the trial court.

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