Elizabeth Ann Hill v. State ( 2007 )

NO. 07-07-0065-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
JUNE 19, 2007
______________________________
ELIZABETH HILL,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 403rd DISTRICT COURT OF TRAVIS COUNTY;
NO. D-1-DC-05-300771; HON. BRENDA P. KENNEDY, PRESIDING
_______________________________
ABATEMENT AND REMAND
__________________________________
Before QUINN, C.J., HANCOCK, J., and BOYD, S.J.1
Elizabeth Hill (appellant) appeals her murder conviction. Appellant’s brief was
originally due April 20, 2007. On April 27, 2007, a letter was sent to counsel for appellant
notifying him the brief was overdue and that the brief or response was due May 7, 2007.
In response, counsel filed an extension motion, which was granted to June 8, 2007, with
the admonition that no further extensions would be granted, and that if the brief was not
1 John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignm ent. T E X . G O V ’T
C OD E A N N . §75.002(a)(1) (Vernon Supp. 2006).
filed by that date, the appeal would be abated. To date, no brief or extension motion has
been filed in this Court.
Consequently, we abate the appeal and remand the cause to the 403rd District
Court of Travis County (trial court) for further proceedings. Upon remand, the trial court
shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing
to determine the following:
1. whether appellant is indigent;
2. whether appellant desires to prosecute the appeal; and
3. whether appellant has been denied the effective assistance of
counsel due to appellate counsel’s failure to timely file an appellate
brief. See Evitts v. Lucey, 469 U.S. 387, 394, 105 S. Ct. 830, 834-35,
83 L. Ed. 2d 821, 828 (1985) (holding that an indigent defendant is
entitled to the effective assistance of counsel on the first appeal as of
right and that counsel must be available to assist in preparing and
submitting an appellate brief).
We further direct the trial court to issue findings of fact and conclusions of law
addressing the foregoing subjects. Should the trial court find that appellant desires to
pursue the appeal, is indigent, and has been denied effective assistance of counsel, we
further direct it to appoint new counsel to assist in the prosecution of the appeal. The
name, address, phone number, telefax number, and state bar number of the new counsel,
if any, who will represent appellant on appeal must also be included in the court’s findings
of fact and conclusions of law. Furthermore, the trial court shall also cause to be
developed 1) a supplemental clerk’s record containing the findings of fact and conclusions
of law and 2) a reporter’s record transcribing the evidence and argument presented at the
aforementioned hearing. Additionally, the trial court shall cause the supplemental clerk’s
record to be filed with the clerk of this court on or before July 19, 2007. Should additional
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time be needed to perform these tasks, the trial court may request same on or before July
19, 2007.
It is so ordered.
Per Curiam
Do not publish.
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