Opinion
13-24-00272-CR
08-15-2024
ESTELLA ZAMORA, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 24TH DISTRICT COURT OF DE WITT COUNTY, TEXAS
Before Justices Benavides, Longoria, and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. Upon review of the clerk's record, it appears appellant has filed a pauper's oath and the trial court had denied appellant court-appointed counsel. However, it is unclear whether appellant is indigent or otherwise entitled to a free reporter's record.
On July 17, 2024, the Clerk of the Court notified appellant that the court reporter, Jennifer L. Karl, notified the Court that appellant had failed to request or make payment arrangements for the reporter's record. Appellant was instructed to forward proof of request and/or payment arrangements for the reporter's record within ten days. Appellant has not provided such proof nor otherwise responded to the notice.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 35.3(b), (c). We abate this appeal and remand the cause to the trial court for further proceedings in accordance with Texas Rule of Appellate Procedure 20.2. See id. R. 20.2. Upon remand, the trial court shall cause notice of a hearing to be given and, thereafter, conduct a hearing to determine the following:
1. Whether appellant has abandoned the appeal;
2. Whether appellant is indigent; and,
3. Whether appellant is entitled to a free appellate record due to indigency. If the trial court determines appellant has abandoned this appeal and/or is not entitled to a free appellate record, it shall issue such findings. The trial court shall further cause its findings and/or order to be included in a supplemental clerk's record to be filed with the Clerk of the Court on or before the expiration of thirty days from the date of this order.