In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-16-00446-CR
AMANDA DAWN HILTON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 31st District Court
Gray County, Texas
Trial Court No. 10344, Honorable Steven R. Emmert, Presiding
January 30, 2017
ABATEMENT AND REMAND
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant, Amanda Dawn Hilton, appeals her conviction of possession with intent
to deliver drug paraphernalia, a Class A misdemeanor,1 and sentence to thirty days
confinement in Gray County Jail. The appellate record was due on December 27, 2016.
However, the clerk’s record and reporter’s record were not filed by this date. Instead,
the clerk and reporter requested an extension of time to file the record and notified the
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TEX. HEALTH & SAFETY CODE ANN. § 481.125(b), (e) (West 2010).
Court that appellant had not paid or made acceptable payment arrangements for the
record. See TEX. R. APP. P. 35.3(a)(2), (b)(3).
By letter, we granted an extension to file the appellate record to January 26,
2017. We also directed appellant to make acceptable payment arrangements for the
appellate record, or comply with the requirements of appellate rule 20.2 if appellant was
unable to pay for the record, by January 17, 2017. See TEX. R. APP. P. 20.2. Failure to
do so, we advised, could result in the appeal being abated and the cause remanded to
the trial court for further proceedings without further notice. See TEX. R. APP. P.
37.3(a)(2). By letter filed on January 24, 2017, appellant’s counsel notified the Court
that he had filed motions in the trial court to have the appellate record furnished without
charge on December 14, 2016. The trial court clerk confirmed the filing of these
motions. To date, however, the appellate record has not been filed. The clerk and
reporter have informed the Court that appellant has yet to make payment arrangements
for the record.
Accordingly, we now abate this appeal and remand the cause to the trial court for
further proceedings. See TEX. R. APP. P. 20.2, 37.3(a)(2). Upon remand, the trial court
shall determine the following:
1. whether appellant desires to prosecute the appeal;
2. if appellant desires to prosecute the appeal, whether appellant is entitled
to have the appellate record furnished without charge;
3. if appellant is not entitled to have the appellate record furnished without
charge, the date appellant will make acceptable payment arrangements
for the appellate record; and
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4. what orders, if any, should be entered to assure the filing of appropriate
notices and documentation to dismiss appellant’s appeal if appellant does
not desire to prosecute the appeal or, if appellant desires to prosecute the
appeal, to assure that the appellate record will be filed promptly and the
appeal will be diligently pursued.
The trial court shall execute findings of fact, conclusions of law, and any orders it
finds necessary regarding the aforementioned issues and cause its findings,
conclusions, and orders, if any, to be included in a supplemental clerk’s record to be
filed with the Clerk of this Court by March 1, 2017.
It is so ordered.
Per Curiam
Do not publish.
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