Shannon Dee Hargues v. the State of Texas ( 2023 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00196-CR
SHANNON DEE HARGUES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 84th District Court
Ochiltree County, Texas
Trial Court No. 5351, Honorable Curt Brancheau, Presiding
December 19, 2023
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Shannon Dee Hargues appealed from the trial court’s judgment revoking her
community supervision and adjudicating her guilt. Her appointed counsel on appeal
subsequently filed a motion to withdraw supported by an Anders1 brief. Having found an
arguable issue warranting appeal, we grant counsel’s motion to withdraw and remand the
cause to the trial court for appointment of new appellate counsel.
1 See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 18 L. Ed. 2 493 (1967).
The record before us illustrates that the State moved to adjudicate appellant’s guilt
within the three-year term of her community supervision. However, it does not reflect that
capias also issued within that period. See Ex parte Moss, 446 S.W.3d 786, 792 (Tex.
Crim. App. 2014) (stating that both a motion to revoke and the issuance of capias must
transpire within the term of probation for the trial court to retain jurisdiction over the
proceeding). Thus, a question about the trial court’s jurisdiction to adjudicate appellant’s
guilt exists. Furthermore, appellant’s current appointed counsel did not address that in
his Anders brief.
We grant counsel’s motion to withdraw, abate the proceeding, and remand the
cause to the trial court. On remand, the trial court shall, by written order, appoint new
counsel to represent appellant on appeal. The name, address, email address, telephone
number, and State Bar number of newly appointed counsel must be specified in the order.
The trial court will then cause its order to be filed in a supplemental clerk’s record with the
clerk of this court no later than January 10, 2024.
The deadline by which newly appointed counsel must file an appellant’s or other
brief addressing the aforementioned question of jurisdiction and any other arguable
issues is February 9, 2024, unless otherwise extended. Newly appointed counsel may
also request the supplementation of the appellate record as needed. Such
supplementation, if any, must be requested by written motion filed with the clerk of this
court before January 24, 2024.
It is so ordered.
Per Curiam
Do not publish.
2