Abatement Order filed October 16 , 2018

In The 

## Fourteenth Court of Appeals

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____________ EX PARTE KENISHIA S HANELL HILL
On Appeal from the 10th District Court Galveston County, Texas Trial Court Cause No s . 16
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### ABATEMENT ORDER Appellant is not represented by counsel. On September 24, 2018 , time to file appellant’s brief expired without a brief and no motion for extension of time was filed. See Tex. R. App. P. 38.6(a). Appellant was notified on September 28, 2018 , that no brief had been received. No response from appellant has been received. This court is unaware if appellant is, at this time, entitled at this time to proceed without the payment of costs and/or to appointed counsel . Accordingly, we enter the following order.2

Pursuant to Tex. R. App. P. 38.8(b) (a copy of which is attached) , the judge of the 10th District Court shall immediately conduc t a hearing at which appellant and counsel for the State shall participate, either in person or by video teleconference, to determine if appellant (1) desires to pros ecute her appeal s , (2) is indigent, and (3) is entitled to appointed counsel on appeal from the denial of her application for writ of habeas corpus . The judge may appoint appellate counsel for appellant if necessary. If appellant is not indigent and not en titled to counsel , the judge shall determine if appellant abandoned the appeal s or if s he has failed to make necessary arrangements for filing a brief. If s he desires to continue the appeal s , the judge shall also determine a date when her brief will be fil ed

. 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 tr anscribed record of the hearing and the court ’ s findings and conclusions shall be filed with the clerk of this court by November 15 , 201 8

. The appeal s are abated, treated as closed case s , and removed from this Court’s active docket. The appeal s 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 s filed by either party, or the Court may reinstate th e appeal s 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 co ordinator of the trial court shall set a hearing date and notify the parties of such date.
PER CURIAM3 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), consideration of the appeal 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 ten days, the court must order the trial court to immediately condu ct 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 appropriate findings and recommendations.

(3) Hearing. I n 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

— including any order and finding s

— m

ust be 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 proceedings against appellant ’s counsel. If the trial court has found t hat 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 consider the appeal without briefs, as justice may require.