Abatement Order filed October 28, 2015 

In The

Fourteenth Court of Appeals

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NO. 14-15-00721-CR

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BRENETTA SHERMAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1389343

ABATEMENT ORDER

On March 5, 2015, this court affirmed appellant’s conviction, but modified 

the trial court’s judgment to reflect that appellant pleaded not guilty before a jury, 

that the trial court accepted the jury’s verdict, and that the jury assessed 

punishment. Sherman v. State, No. 14-14-00335-CR; 2015 WL 1020810 (Tex. 

App.—Houston [14th Dist.] Mar. 5, 2015, pet ref’d) (not designated for 

publication). According to a supplemental clerk’s record filed with this court, the 

trial court, on its own motion, entered a judgment nunc pro tunc correcting the 
items modified by this court’s judgment. The judgment nunc pro tunc was signed 

July 10, 2015, and appellant filed a pro se notice of appeal from on August 3, 

2015. Nunc pro tunc judgments are appealable orders. Blanton v. State, 369 

S.W.3d 894, 904 (Tex. Crim. App. 2012). Therefore, appellant’s appeal is timely. 

This court is unaware whether appellant is entitled to proceed without the payment 

of costs. See Tex. R. App. P. 37.3(c)(2)(B). Accordingly, we enter the following 

order. See Tex. R. App. P. 35.3(c).

We ORDER the judge of the 230th District Court to immediately conduct a 

hearing at which appellant, appellant’s counsel, if any, and counsel for the State 

shall participate, either in person or by video teleconference, to determine whether 

appellant desires to prosecute her appeal, and, if so, whether appellant is indigent 

and, thus entitled to a free record and appointed counsel on appeal. The judge may 

appoint appellate counsel for appellant if necessary. The judge shall see that a 

record of the hearing is made, shall make findings of fact and conclusions of law, 

and shall order the trial clerk to forward a record of the hearing and a supplemental 

clerk’s record containing the findings and conclusions. The transcribed record of 

the hearing, the court’s findings and conclusions, and a videotape or compact disc, 

if any, containing a recording of the video teleconference shall be filed with the 

clerk of this court within thirty days of the date of this order.

The court reporter for the 230th District Court is not required to re-file the 

original reporter’s record from appellant’s jury trial, which was affirmed by this 

court in cause number 14-14-00335-CR. If it is determined that appellant is entitled 

to a free record on appeal, the court reporter is responsible for filing records of any 

hearings with regard to the judgment nunc pro tunc only. 
The appeal is abated, treated as a closed case, and removed 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 motion to reinstate the appeal filed 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 compliance with this court’s order. If the 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