Fourth Court of Appeals

San Antonio, Texas

October 8, 2015

No. 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. 2013CR0670

Honorable Lori I. Valenzuela, Judge Presiding

O R D E R

On September 23, 2015, we notified Appellant’s appointed counsel Deborah Stanton 

Burke that Appellant’s brief has 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 abate 

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 TEX. GOV’T CODE ANN. § 21.002 

(West 2004) (authorizing punishment up to “a fine of not more than $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 failure 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 TEX.

R. APP. 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 indigent? 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? Because 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 TEX. R. APP. 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 documentary 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 initiate contempt proceedings against Appellant’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 WHEREOF, 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