Opinion
NO. 03-15-00488-CR
01-26-2016
Jasmine Shante Quattlebaum, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 68323, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDINGORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Jasmine Shante Quattlebaum filed her notice of appeal on August 5, 2015. Because the trial court's certification in this case indicated that this was a plea-bargain case and that appellant did not have the right to appeal, and because the certification did not appear to conform to the record, we abated the appeal and remanded the case to the district court for entry of an amended certification. On October 29, 2015, we received an amended certificate from the trial court certifying appellant's right to appeal. On our own motion, we extended the deadline for filing appellant's brief to December 14, 2015. On January 6, 2016, we still had not received the brief, and we sent notice to appellant's counsel that failure to file the brief by January 19, 2016, would result in the referral of this case to the trial court for a hearing pursuant to rule 38.8(b) of the Texas Rules of Appellate Procedure. To date, appellant's brief has not been filed, nor have we received a response from counsel.
We therefore abate the cause and remand it to the trial court to hold a hearing in accordance with rule 38.8 of the rules of appellate procedure. Tex. R. App. P. 38.8(b). The district court shall hold a hearing immediately to determine whether appellant still wishes to prosecute her appeal, whether appellant is indigent, and whether counsel has abandoned the appeal. Id. If appellant desires to appeal and is indigent, the district court should make appropriate orders to ensure that appellant is adequately represented on appeal. See id. Following the hearing, the district court should order the appropriate supplementary clerk's and reporter's records to be prepared and forwarded to this Court no later than 30 days from the date of this opinion. See id. Before Chief Justice Rose, Justices Pemberton and Bourland Abated and Remanded Filed: January 26, 2016 Do Not Publish