Mandy Kay Davis v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-19-00199-CR
MANDY KAY DAVIS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 108th District Court
Potter County, Texas
Trial Court No. 64,096-E, Honorable Douglas R. Woodburn, Presiding
March 31, 2020
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant, Mandy Kay Davis, proceeding pro se, appeals the trial court’s judgment
revoking her community supervision and sentencing her to five years’ confinement for the
offense of burglary of a habitation.1 Appellant’s brief was originally due February 28,
2020, but was not filed. By letter of March 10, 2020, we notified appellant that the brief
was overdue and admonished her that failure to file a brief by March 20 would result in
1 TEX. PENAL CODE ANN. § 30.02(c)(2) (West 2019).
the appeal being abated and the cause remanded to the trial court for further proceedings
without further notice.2 To date, appellant has not filed a brief or had any further
communication with this Court.
Rule of Appellate Procedure 38.8(b) provides, in part, that an appellant’s failure to
file a brief in a criminal case does not authorize either dismissal of the appeal or
consideration of the appeal without briefs, unless the trial court has found either (1) the
appellant no longer desires to prosecute the appeal, or (2) the appellant is not indigent
and has not made the necessary arrangements for filing a brief. TEX. R. APP. P.
38.8(b)(1), (4).
Accordingly, we abate the appeal and remand the cause to the trial court for further
proceedings. TEX. R. APP. P. 38.8(b)(2), (3). Upon remand, the trial court shall determine
the following:
1. whether appellant still desires to prosecute the appeal;
2. whether appellant is indigent and entitled to the appointment of appellate
counsel;
3. whether appellant has failed to make the necessary arrangements for filing
a brief;
4. the reason for appellant’s failure to file a brief; and
5. if appellant desires to continue the appeal, the date the Court may expect
appellant’s brief to be filed.
2 The Clerk of this Court sent the March 10 letter to appellant at her last known address. The letter
was returned to the Clerk undelivered. Appellant has not provided the Court with any other mailing address.
TEX. R. APP. P. 9.1(b) (requiring unrepresented parties to provide appellate courts with their contact
information).
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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 April 30, 2020.
If it is determined that appellant desires to proceed with the appeal, is indigent, and
entitled to appointed counsel, the trial court shall appoint appellate counsel; the name,
address, email address, phone number, and state bar number of any newly-appointed
counsel shall be included in the aforementioned findings. Should further time be needed
to perform these tasks, then same must be requested before April 30, 2020.
It is so ordered.
Per Curiam
Do not publish.
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