Opinion
14-18-00600-CR
08-18-2022
PHI VAN DO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 10 Harris County, Texas Trial Court Cause No. 2130699
Panel consists of Chief Justice Christopher and Justices Spain and Poissant.
ABATEMENT ORDER
PER CURIAM
The court of criminal appeals remanded this case to this court for consideration of appellant's issue 5, in which appellant argues the trial court imposed fines and fees as conditions of his community supervision without inquiring "whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs." Tex. Code Crim. Proc. Ann. art. 42.15(a-1). The record before this court indicates that appellant's term of community supervision was set to expire June 18, 2019.
Because this circumstance potentially renders the merits of appellant's issue 5 moot, we order the appeal abated and remand the case to the trial court for a period of thirty days for: (1) the Harris County Clerk to prepare, certify, and file with the clerk of this court a supplemental clerk's record consisting of documents showing whether appellant's community supervision has been completed, including documents showing payment of all fines, fees, and costs, and including any orders extending or modifying the terms of appellant's community supervision and (2) if such records are unavailable, for the trial court to make findings of fact and conclusions of law as to whether appellant's community supervision has been completed, including payment of all fines, fees, and costs, including holding a hearing on the subject if necessary, and (a) directing the clerk to prepare, certify, and file with the clerk of this court a supplemental clerk's record with such findings of fact and conclusions of law and (b) directing, if a hearing is held, the court reporter to prepare, certify, and file with the clerk of this court a supplemental reporter's record of the that hearing.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket without further order of the court when the supplemental clerk's record, and, if necessary, supplemental reporter's record, is filed with the clerk of this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.