Opinion
05-24-00008-CR
01-23-2024
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
On December 7, 2023, Appellant was placed on deferred adjudication community supervision for assault on a public servant. Appellant filed her notice of appeal on January 2, 2024, and she filed a pro se brief on the merits on January 17, 2024, even though the reporter's record has not yet been filed. The Court has learned that Ms. Kabha is not represented by counsel.
We ORDER the trial court to hold a hearing on the record within TWENTY DAYS of the date of this order and make findings concerning appellant's representation on appeal. The trial court shall first determine whether appellant desires to prosecute the appeal. If the court finds that appellant does desire to prosecute the appeal, the court shall determine whether appellant is represented by counsel on appeal. If appellant is represented by counsel on appeal, then the court shall make a finding of the identity of counsel. If the court finds that appellant is not represented by counsel on appeal, the trial court shall make a finding regarding whether appellant is indigent and entitled to appointed counsel on appeal. If the trial court determines that appellant is indigent and entitled to appointed counsel on appeal, the court shall appoint counsel for appellant. If appellant is not indigent, the court shall find whether appellant has retained counsel for the appeal and the identity of counsel for the appeal. If appellant is not indigent and has not retained counsel, the trial court shall deliver appropriate admonishments to appellant concerning the dangers of self-representation and shall determine whether appellant wishes to proceed pro se on appeal.
We ORDER the trial court to file a copy of its findings and recommendations, including the identity of counsel for appellant or whether appellant is proceeding pro se on appeal, with this Court within THIRTY DAYS of the date of this order.
We order the court reporter to file a reporter's record of the hearing required by this order within THIRTY DAYS of the date of this order.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the trial court's findings and orders are received or at such other time as the Court deems proper.
We DIRECT the Clerk to send copies of this order to the Honorable Larry Phillips, Presiding Judge, 59th Judicial District Court; Gale H. Fiasco, Official Court Reporter, 59th District Court; and counsel for all parties.
We DIRECT the Clerk to send a copy of this order by first class mail to Katy Kabha, 712 S. Park Lane, Altus, OK 73521.