# Fourth Court of Appeals
San Antonio, Texas

October 8, 2015

N o. 04

- 15

- 00294

- CR

Shauna Denay RIPLEY, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas

Trial Court No. 2013 CR0670 Honorable Lori I. Valenzuela, Judge Presiding



### O R D E R

On September 23 , 201 5

, we notified Appellant’s appointed counsel Deborah Stanton
Burke that Appellant’s brief ha s not been filed in this appeal. We ordered Appellant’s counsel to file the brief or a motion to dismiss this appeal not later than October 5, 2015 . We cautioned Appellant’s counsel that if Appellant failed to respond within the time provided we would aba te this appeal to the trial court for an abandonment hearing at which the trial court would be asked to determine whether attorney sanctions are appropriate. See T EX

. G OV ’ T C ODE A NN

. § 21.002 (West 2004) (authorizing punishment up to “a fine of not more t han $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail”); In re
Fisch , 95 S.W.3d 732, 732 (Tex. App.

— Houston [1st Dist.] 2003, order ) (per curiam) (issuing a contempt order for attorney’s failur e to file a brief as ordered)

. To date, we have received no

response to our September 23, 2015 order.

Therefore, we ABATE this appeal and REMAND the cause to the trial court. See T EX

. R. A PP

. P. 38.8(b); Samaniego v. State , 952 S.W.2d 50, 52

– 53 (Tex. App.

— San Antonio 1997, no pet.). We ORDER the trial court to conduct a hearing in compliance with Rule 38.8(b) to answer the following questions:

(1) Does Appellant desire to prosecute her appeal?(2) Is Appellant indige nt? If Appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.

(3) Has appointed or retained counsel abandoned the appeal? Beca use sanctions may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing. See T EX

. R. A PP

. P. 38.8(b)(4).

The trial court may, in its discretion, receive evidence on the first two questions by sworn affidavit from appellant. The trial court shall, however, order Appellant’s counsel to be present at the hearing. See id. R. 38.8(b)(3).

The trial court is further ORDERED to file supplemental clerk’s and reporter’s records in this court, not later than THIRTY DAYS from the date of this order, which shall include the following: (1) a transcription of the hearing and copies of any documentar y evidence admitted, (2) written findings of fact and conclusions of law, and (3) recommendations addressing the above enumerated questions. See id. This court will consider the supplemental records in its
determination whether to initiat e contempt proce edings against A ppellant’s counsel. See id. R. 38.8(b)(4); In re Fisch , 95 S.W.3d at 732 ; Samaniego v. State , 952 S.W.2d at 53

. All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREO F, I have hereunto set my hand and affixed the seal of the said court on this 8th day of October, 2015

.

___________________________________ Keith E. Hottle Clerk of Court