Opinion
No. 04-19-00082-CR
03-21-2019
Ashleigh Nicole HALL, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 1, Bexar County, Texas
Trial Court No. 580147
Honorable Helen P. Stowe, Judge Presiding
ORDER
Appellant Ashleigh Hall was convicted by a jury of driving while intoxicated. The trial court assessed punishment at one year and three months' community supervision. The trial court imposed sentence on January 18, 2019. On January 30, 2019, appellant's trial counsel filed a motion to withdraw, which was granted by the trial court. Thereafter, appellant timely filed a pro se notice of appeal. The record before this court indicates appellant did not request appointed counsel and has not retained counsel for purposes of appeal.
On March 12, 2019, appellant filed a motion to dismiss this appeal in which she states the reason for requesting dismissal of her appeal as "not being able to financially afford to continue to proceed with this case."
We abate this case to the trial court and ORDER the trial court to conduct a hearing to answer the following questions:
(1) Does appellant desire to prosecute her appeal?
(2) Is appellant indigent?
(a) If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
(b) If the trial court finds that appellant is not indigent and appellant desires to prosecute her appeal, the trial court should
The trial court may, in its discretion, receive evidence on the first two questions by sworn affidavit from appellant.determine whether appellant has made the necessary arrangements for filing a brief.
We ORDER the trial court to file its written findings of fact and conclusions of law with the trial court clerk on or before April 22, 2019. We ORDER the trial court clerk to file a clerk's record containing the trial court's findings of fact and conclusions of law in this court no later than ten days after the trial court files its findings of fact and conclusions of law. We further ORDER the court reporter to file in this court a reporter's record of the hearing, along with copies of any documentary evidence admitted, no later than twenty days after the date of the hearing.
All appellate deadlines are ABATED pending further orders from this court.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of March, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court