Opinion
05-24-00008-CR
02-12-2024
KATY ELIZABETH KABHA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. 071657
ORDER
ERIN A. NOWELL, JUSTICE
We REINSTATE this appeal.
We abated this appeal for the trial court to make findings concerning whether appellant is represented by counsel, and if not, whether she is entitled to appointed counsel and whether she should be permitted to proceed pro se. The trial court made findings as follows:
1. Defendant/Appellant desires to prosecute her appeal;
2. Defendant/Appellant is not represented by counsel on appeal;
3. Defendant/Appellant is indigent and entitled to appointed counsel on appeal; and
4. Defendant/Appellant, after being explained the dangers of self-representation, desires to represent herself on her appeal.
Attached to the findings is a document signed by appellant stating, "Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and I request the Court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel."
We accept the trial court findings, and we ORDER appellant to proceed pro se.
The reporter's record is overdue. Appellant filed a request for preparation of the reporter's record on January 8, 2024. The trial court has found appellant is indigent. Accordingly, we ORDER Charla Reamy, Official Court Reporter, 401st District Court, to file the reporter's record on or before MARCH 13, 2024.
Appellant filed a brief on the merits on January 17, 2024, which was the same day the clerk's record was filed and before the reporter's record was filed. On January 22, 2024, appellant filed a motion for leave to amend and supplement the brief. Appellant's brief filed January 17, 2024 does not comply with the requirements of Texas Rule of Appellate Procedure 38.1 because the brief does not include a statement of the case, a concise statement of the issues or points presented for review, or a summary of the argument. See Tex. R. App. P. 38.1(d), (f), (h). Also, the argument does not include citations to the appellate record as required by Rule 38.1(i). We GRANT appellant's motion for leave to amend or supplement her brief. Appellant's amended brief, complying with Rule 38.1, will be due THIRTY DAYS after the reporter's record is filed. See Tex. R. App. P. 38.6(a).
We DIRECT the Clerk to send copies of this order to Charla Reamy, Official Court Reporter, 401st District Court; Ms. Kabha; and the Grayson County District Attorney's Office.