Opinion
No. 04-16-00829-CR
04-19-2017
Shannon Lee PARKER, Appellant v. The STATE of Texas, Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A12675
Honorable N. Keith Williams, Judge Presiding
ORDER
On March 1, 2017, we ordered Appellant Shannon Lee Parker, who is representing herself in this appeal, to provide written proof that the reporter's record has been paid, or her brief would be due on February 21, 2017. No reporter's record has been filed, but Appellant has indicated she has made arrangements to pay for the reporter's record.
On March 1, 2017, we granted Appellant's motion for extension of time to file her brief until March 23, 2017. On March 24, 2017, Appellant filed a motion for extension of time to file a "Motion for Extension of Time to File Petition for Review."
Because it is unclear what relief Appellant is seeking in her March 24, 2017 motion, this court's clerks have twice left voice messages for Appellant asking her for clarification, but Appellant has not responded.
Therefore, we ABATE this appeal and REMAND the cause to the trial court. See TEX. R. APP. P. 38.8(b); Samaniego v. State, 952 S.W.2d 50, 52-53 (Tex. App.—San Antonio 1997, no pet.). We ORDER the trial court to conduct a hearing in compliance with Rule 38.8(b) to answer the following questions:
1. Does Appellant desire to prosecute this appeal?
2. Is Appellant indigent? 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 appellate counsel.
3. Is Appellant entitled to a free record on appeal? See TEX. R. APP. P. 20.2; TEX. R. CIV. P. 145.
The trial court may, in its discretion, receive evidence on the questions by sworn affidavit from Appellant.
We further ORDER the trial court to file supplemental clerk's and reporter's records in this court, not later than THIRTY DAYS from the date of this order, which shall include the following:
1. a transcription of the hearing and copies of any documentary evidence admitted,
2. written findings of fact and conclusions of law, and
3. recommendations addressing the above enumerated questions.
All other appellate deadlines are SUSPENDED pending further order of this court.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court