Kristen Eileen Brown v. the State of Texas ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-19-00385-CR
KRISTEN EILEEN BROWN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2017-937-C1
ABATEMENT ORDER
The Court has been notified that Chelsea Tijerina Beaudin, appointed counsel for
appellant Kristen Eileen Brown, died recently.
The appointment of counsel for an indigent defendant is under the sole authority
of the trial court. See Enriquez v. State, 999 S.W.2d 906, 907-08 (Tex. App.—Waco 1999,
order); TEX. CODE CRIM. PROC. art. 26.04; cf. Meza v. State, 206 S.W.3d 684, 688 (Tex. Crim.
App. 2006). During an appeal, the trial court retains jurisdiction to appoint counsel for
an indigent defendant. See Enriquez, 999 S.W.2d at 908; see also Meza, 206 S.W.3d at 688.
To protect appellant’s rights, appellant must be represented by counsel during the entire
appeal, including at the time the Court issues its opinion and judgment. Thus, this Court
will not proceed with the disposition of this appeal until new counsel is appointed.
Accordingly, this appeal is abated. The trial court is ORDERED to appoint new
counsel for appellant and direct new counsel to file a notice of appearance in this appeal
within 7 days from the date of this Order.
The trial court clerk is ORDERED to file a supplemental clerk’s record containing
the trial court’s order appointing appellate counsel within 7 days from the date of the
trial court’s order of appointment.
PER CURIAM
Before Chief Justice Gray, and
Justice Johnson
Appeal abated
Order issued and filed June 2, 2021
[RWR]
Brown v. State Page 2