Opinion
01-23-00746-CR
03-05-2024
Rebecca Ann Oldaker v. The State of Texas
Trial court: 78th District Court of Wichita County Trial court case number: DC78-CR2020-1063.
ORDER
Veronica Rivas-Molloy, Judge.
Appellant Rebecca Ann Oldaker appealed the trial court's judgment and sentence of July 20, 2023. On January 20, 2024, she filed her brief, challenging only the trial court's assessed costs. The State of Texas filed an Unopposed Motion for Limited and Temporary Abatement to Trial Court asking this Court to abate the appeal to "(1) provide the State an opportunity to file a motion for the trial court to waive the assessment of the challenged court costs, and (2) provide the trial court an opportunity to consider and rule on the motion." We granted the State's motion and abated the appeal.
Subsequently, we received a supplemental record containing an order from the trial court, granting the State's Unopposed Motion for the Waiver of Court Costs for the sum of $1,920, previously assessed in the underlying case. Further, the State filed an Unopposed Motion for Lift of Abatement and for Briefing Extension to note that the appeal should be deemed moot.
The State's motion is granted. We lift the abatement and reinstate this case on the Court's active docket.
Appellant is ordered to file, by Friday, March 15, 2024, a response stating whether she agrees with the State that her appeal is now moot, and if not, stating her reasons why this Court still has jurisdiction over her appeal.
It is so ORDERED.