NUMBER 13-16-00306-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ALMA AMBERSON, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the County Court at Law No. 4
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Order Per Curiam
This cause is before the Court on appellant’s amended motion to extend time to
file reporter’s record and appellant’s brief. Appellant requests that this Court order the
trial court to conduct an evidentiary hearing as to appellant’s indigency and grant an
extension for the filing of the reporter’s record and appellate brief. The clerk’s record
was filed on July 26, 2016. Appellant’s motion includes an exhibit which is a motion for
a free reporter’s record filed with the trial court.
Pursuant to Texas Rule of Appellate Procedure 20.2, an appellant who is unable
to pay for the appellate record may, by motion and affidavit, ask the trial court to have the
appellate record furnished without charge. See TEX. R. APP. P. 20.2. Accordingly, we
GRANT appellant’s motion for the trial court to conduct an evidentiary hearing, ABATE
this appeal, and REMAND the cause to the trial court for further proceedings. Upon
remand, the trial court shall cause notice of a hearing to be given and, thereafter, conduct
a hearing to determine the following:
1. Whether appellant desires to prosecute this appeal;
2. Whether appellant is indigent;
3. Whether appellant is entitled to a free appellate record due to her
indigency; and
4. Whether appellant is entitled to appointed counsel.
If the trial court determines that appellant does want to continue the appeal and
that appellant is indigent and entitled to court-appointed counsel, the trial court shall
appoint counsel to represent appellant in this appeal. If counsel is appointed, the name,
address, telephone number, email address, and state bar number of the appointed
counsel shall be included in the order of appointment.
The trial court shall cause its finding and recommendations, together with any
orders it may enter regarding the aforementioned issues, to be included in a supplemental
clerk's record and shall cause a supplemental reporter's record of any proceedings to be
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prepared. The supplemental clerk's record and reporter's record, if any, shall be filed
with the Clerk of this Court on or before the expiration thirty days from the date of this
order.
Appellant’s motion for an extension to file the reporter’s record is GRANTED until
December 6, 2016. Appellant’s motion for an extension of time to file the brief is
CARRIED WITH THE CASE.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
14th day of October, 2016.
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