Abatement Order filed January 27 , 2022

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 21

- 00097

- CR

____________ REBECCA SUZANNE RIVERA , Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 10th District Court Galveston County, T ex as Trial Court Cause No. 18CR2442

ABATEMENT ORDER
Appellant is represented by appointed counsel, Winifred Weber . On December 22, 2021 , time to file appellant’s brief expired , no brief was filed , and no motion for extension of time was filed. See Tex . R. App . P. 38.6(a). Appellant ’ s brief was originally due J uly 9, 2021

. Pursuant to Tex. R. App. P. 38.8(b) (a copy of which is attached) the judge of the 10th District Court shall (1) immediately conduct a hearing, a t which appellant, appellant’s counsel , and st ate’s counsel shall participate, either in person or by video teleconference, to determine (a) whether appellant desires to prosecute
her appeal; (b) whether appellant is indigent; (c) if not indigent, whether appellanthas a

bandoned the appeal or whether appellant has failed to make necessary arrangements for filing a brief; (d) the reason for the failure to file a brief; (e) if appellant desires to continue the appeal, a date certain when appellant’s brief wil l be filed; and (2) prepare a record, in the f orm of a reporter’s record, of the hearing. If appellant is indigent, the judge shall take such measures as may be necessary to assure effective representation of counsel, which may include the appointment of new counsel. T he judge shall see that a recor d of the hearing is made, shall make findings of fact and conclusions of law, and shall order the court reporter to forward a transcribed record of the hearing, a videotape or compact disc, if any, containing a recording of t he video teleconference , and or der the trial clerk to forward a supplemental clerk’s record containing the findings and conclusions.
Those records shall be filed with the clerk of this court wit hin 30 days of the date
of this order

. The appeal is abated, treated as a closed cas e, and r emoved from this Court’s active docket. The appeal will be reinstated on this Court’s active docket when the trial court’s findings and recommendations are filed in this Court. The Court will also consider an appropriate m otion to rein state the a ppeal fi led by either party, or the Court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in complianc e with this C ourt’s orde r. If t he parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.

PER CURIAM

Panel Consists of Justices Jewell, Bourliot, and Poissant.R ULE 38

. REQUISITES OF BRIEFS

Tex. R. App. P. 38.8. Failure of Appellant to File Brief.
(b) Criminal Cases

. (1) Effect. An appellant ’ s failure to timely file a brief does not authorize either dismissal of the appeal or, except as provided in (4), considerati on of the app eal without briefs.

(2) Notice

. If the appellant ’ s brief is not timely filed, the appellate clerk must notify counsel for the parties and the trial court of that fact. If the appellate court does not receive a satisfactory response within te n days, the c ourt

must o rder the trial court to immediately conduct a hearing to determine whether the appellant desires to prosecute his appeal, whether the appellant is indigent, or, if not indigent, whether retained counsel has abandoned the appeal, and to make
appr opriate fin dings an d recommendations.

(3) Hearing. In accordance with (2), the trial court must conduct any necessary hearings, make appropriate findings and recommendations, and have a record of the proceedings prepared, which record includi ng any order and finding s must b e sent to the appellate court.

(4) Appellate Court Action

. Based on the trial court ’ s record, the appellate court may act appropriately to ensure that the appellant ’ s rights are protected, including initiating contempt proc eedings again st appellan t ’ s coun sel. If the trial court has found that the appellant no longer desires to prosecute the appeal, or that the appellant is not indigent but has not made the necessary arrangements for filing a brief, the appellate court may c onsider the a ppeal witho ut brief s, as justice may require.