Melinda Barrie v. State ( 2013 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00060-CR
MELINDA BARRIE, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Court
Hutchinson County, Texas
Trial Court No. 38,341, Honorable Faye Blanks, Presiding
June 12, 2013
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant, Melinda Barrie, filed a notice of appeal from her conviction for
hindering apprehension or prosecution. See TEX. PENAL CODE ANN. § 38.05 (West
2011). The Clerk of this Court received and filed the trial court clerk’s record on March
1, 2013. The trial court reporter’s record was filed on March 21, 2013. Appellant’s brief
was originally due on April 22, 2013.
By notice dated April 29, 2013, this Court notified appellant that her brief was
past due and that her brief was now due on May 9, 2013. Further, the Court alerted
appellant that failure to abide by this deadline would result in the appeal being abated
and remanded without further notice. As of the date of this order, appellant has failed to
file her brief or a motion for extension of time to file her brief.
Accordingly, we now abate this appeal and remand the cause to the trial court.
See TEX. R. APP. P. 38.8(b)(2). Upon remand, the trial court is directed to immediately
cause notice to be given of and to conduct a hearing to determine: (1) whether appellant
desires to prosecute this appeal; (2) if appellant desires to prosecute this appeal,
whether appellant is indigent and whether appellant desires that counsel be appointed
to represent her on the appeal; and (3) what orders, if any, should be entered to assure
the filing of appropriate notices and documentation to dismiss appellant’s appeal if
appellant does not desire to prosecute this appeal or, if appellant desires to prosecute
this appeal, to assure that the appeal will be diligently pursued. If the trial court
appoints counsel for appellant or if appellant retains counsel, the trial court should
cause the Clerk of this Court to be furnished the name, address, and State Bar of Texas
identification number of the newly-appointed or newly-retained attorney.
The trial court is directed to (1) conduct any necessary hearings; (2) make and
file appropriate findings of fact, conclusions of law, and recommendations and cause
them to be included in a supplemental clerk’s record; (3) cause the hearing proceedings
to be transcribed and included in a supplemental reporter’s record; (4) have a record of
the proceedings made to the extent any of the proceedings are not included in the
supplemental clerk’s record or the supplemental reporter’s record; and (5) cause the
records of the proceedings to be sent to this Court. See TEX. R. APP. P. 38.8(b)(3). In
the absence of a request for extension of time from the trial court, the supplemental
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clerk’s record, supplemental reporter’s record, and any additional proceeding records,
including any orders, findings, conclusions, and recommendations, are to be sent so as
to be received by the Clerk of this Court not later than July 12, 2013.
Per Curiam
Do not publish.
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