Opinion
No. 04-16-00829-CR
05-23-2017
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 April 19, 2017, because pro se Appellant Shannon Lee Parker had not timely filed her brief and had filed a "Motion for Extension of Time to File Petition for Review," and Appellant did not respond to this court's telephone calls asking for clarification of her intentions with respect to her appeal, we abated this appeal and remanded 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 ordered 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.
As ordered, the trial court provided notice to Appellant, held the hearing, and ensured that the supplemental clerk's and reporter's records were filed. The trial court concluded that Appellant desires to prosecute her appeal, she is not indigent for purposes of this appeal, and she is not entitled to a free record on appeal.
We REINSTATE the appellate timetable.
This court may consider an appeal without a reporter's record if no reporter's record has been filed due to the appellant's fault. TEX. R. APP. P. 37.3(c). Neely v. State, No. 04-05-00021-CR, 2007 WL 671142, at *1 (Tex. App.—San Antonio Mar. 7, 2007, no pet.) (mem. op., not designated for publication). Given the record in this appeal, we conclude the reporter's record has not been filed because of Appellant's fault.
Appellant has also failed to file a brief. Generally, this court may not "dismiss an appeal from a criminal conviction or sentence unless the defendant moves to voluntarily withdraw or dismiss the appeal or has escaped from custody." Id. (citing TEX. R. APP. P. 42.2(a), 42.4). However, this court "may consider the appeal on the record alone if the appellant abandons the appeal or, if the appellant is not indigent [and] has not made the necessary arrangements to file a brief." Id. (citing TEX. R. APP. P. 38.8(b)(4)).
We ORDER Appellant to file her brief within TEN DAYS of the date of this order. If Appellant fails to file her brief as ordered, this court will consider her appeal without briefs and without the reporter's record.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court