Order filed May 5, 2022

In The

Eleventh Court of Appeals ____________

No. 11-21-00225-CR

____________

ALYSSA GAYLE LITWIN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 266th District Court

Erath County, Texas

Trial Court Cause No. CR15315

O R D E R

This appeal has become stalled due to the failure of Appellant’s retained 

counsel, R. Shay Isham, to file an appellate brief. The brief was originally due on 

March 17, 2022. Neither the brief nor a motion for extension of time was filed by 

that date. On March 25, this court notified Isham that the brief was past due, and we 

granted an extension of time on our own motion. In the March 25 letter, we stated 

that compliance with the court’s deadlines a serious matter, and we directed Isham
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to file the brief on or before April 18, 2022. As of the date of this order, he has not 

filed an appellate brief or any other response to our March 25 letter.

Isham previously informed the clerk of this court that Appellant wished to 

dismiss her appeal; however, Isham has not filed a motion to dismiss this appeal. 

Our records indicate that Isham filed the notice of appeal in the trial court on 

September 23, 2021, and the docketing statement in this court on September 28, 

2021, but that he has filed nothing in this court since that date. 

We note also that no reporter’s record was filed in this appeal. Documents 

on file in this court reflect that the lack of a reporter’s record is due to Appellant’s 

failure to pay for the record or make arrangements to pay for the record.

In light of the above concerns, we abate this appeal and remand the cause to 

the trial court so that it may determine the following: 

1. Whether Appellant desires to prosecute her appeal;

2. Whether Appellant is indigent;

3. If Appellant is not indigent, whether Appellant’s retained counsel, R. Shay 

Isham, intends to proceed with this appeal after the abatement;

4. If Appellant is indigent, whether Appellant desires to have counsel 

appointed to represent her in this appeal or whether, after being warned of 

the dangers and disadvantages of self-representation, Appellant 

competently and intelligently chooses to exercise the right to represent 

herself; and 

5. If Appellant is indigent, whether she desires a free reporter’s record. 

See Faretta v. California, 422 U.S. 806 (1975) (relating to counsel); see also 

Griffin v. Illinois, 351 U.S. 12, 18–19 (1956) (relating to free record); Tuck v. State, 

215 S.W.3d 411, 414 (Tex. Crim. App. 2007) (relating to free record); Ward v. State, 

740 S.W.2d 794, 800 (Tex. Crim. App. 1987) (counsel’s untimely request for 

reporter’s record may not operate to deny a defendant the opportunity to present 

appeal in a meaningful manner). We note that Appellant need not appear in person 
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at the hearing and that the trial court may permit her to appear via telephone or other 

electronic means. The trial court is directed to make appropriate findings and 

recommendations and to appoint appellate counsel if appropriate. The trial court 

clerk is directed to prepare and forward to this court a supplemental clerk’s record 

containing the findings, recommendations, and any orders of the trial court. If a 

hearing is held, the court reporter is directed to prepare and forward to this court the 

reporter’s record from the hearing. These records are due to be filed in this court on 

or before June 6, 2022. 

The appeal is abated. 

PER CURIAM

May 5, 2022

Do not publish. See TEX. R. APP. P. 47.2(b). 

Panel consists of: Bailey, C.J.,

Trotter, J., and Williams, J.