Arleen Theres Keithley v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00220-CR
ARLEEN THERES KEITHLEY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 287th District Court
Bailey County, Texas
Trial Court No. 3296, Counts I & II; Honorable Kathryn H. Gurley, Presiding
July 30, 2024
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Appellant, Arleen Theres Keithley, appeals her convictions for possession of a
controlled substance1 and abandoning or endangering a child.2 The trial court sentenced
Appellant to twelve years of confinement for possession of a controlled substance and to
ten months of confinement for abandoning or endangering a child, with the sentences to
1 See TEX. HEALTH & SAFETY CODE ANN. § 481.115(d).
2 See TEX. PENAL CODE ANN. § 22.041(f).
run concurrently. The appellate record was due July 8, 2024. The clerk’s record has
been filed. However, Appellant has yet to make payment arrangements for the reporter’s
record. By letter of July 16, 2024, we directed Appellant to make the necessary payment
arrangements by July 26 or we would remand the cause to the trial court for further
proceedings. See TEX. R. APP. P. 20.2, 37.3(a)(2). On July 26, Appellant notified the
Court that she has filed a motion for a free reporter’s record with the trial court and a
hearing is scheduled for August 7, 2024.
Accordingly, we abate the appeal and remand the cause to the trial court to rule
on Appellant’s pending motion for a free reporter’s record. In doing so, the trial court shall
determine the following:
1. whether Appellant still desires to prosecute the appeal;
2. whether Appellant is indigent;
3. whether Appellant is entitled to have the reporter’s record furnished without
charge pursuant to Rule of Appellate Procedure 20.2; and
4. if Appellant is not entitled to have the reporter’s record furnished without
charge, the date Appellant will make acceptable payment arrangements for
the reporter’s record.
The trial court is also directed to enter such orders necessary to address the
aforementioned questions. So too shall it include its findings on those matters in a
supplemental record and cause that record to be filed with this Court by September 3,
2024.
It is so ordered.
Per Curiam
Do not publish.
2