Christina Thompson v. the State of Texas

• Court: Texas Court of Appeals, 3rd District (Austin)
• Decided: March 13, 2026
• Docket: 03-25-00265-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00265-CR

Christina Thompson, Appellant

v.

The State of Texas, Appellee

FROM THE COMAL COURT AT LAW NO. 3 OF COMAL COUNTY NO. 2023CR0771, THE HONORABLE DEBORAH WIGINGTON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Pending before this Court are two motions: appointed appellate counsel’s motion

to withdraw, asserting that she has not been able to contact appellant since October 2025, and

appellant’s third motion for extension of time to file appellant’s brief. Appellant, although

declared indigent for purposes of appellate counsel, was apparently found not indigent for

purposes of the reporter’s record. See McFatridge v. State, 309 S.W.3d 1, 6 (Tex. Crim. App.

2010) (“A defendant can be found indigent for one purpose without being found indigent for the

other.”). Appellant has not paid for the reporter’s record even after three extensions of time to

pay for it granted by this Court. Appellant’s indigency status is unclear; appellant has

recognized in prior pleadings that the trial court found her not indigent for purposes of the

reporter’s record, but the record does not contain evidence supporting that non-indigence

determination. See id. (“After a defendant establishes a prima facie showing of indigency, ‘an appellate court can uphold a trial court’s determination of non-indigence only if the record

contains evidence supporting such a determination.’”).

The appeal is abated and remanded to the trial court. The trial court shall conduct

a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether

appellant is indigent. See Tex. R. App. P. 37.3, 38.8. The court shall make appropriate written

findings and recommendations. If necessary, the court shall appoint substitute counsel who will

effectively represent appellant in this appeal. Following the hearing, which shall be transcribed,

the trial court shall order the appropriate supplemental clerk’s and reporter’s records—including

all findings and orders—to be prepared and forwarded to this Court no later than April 27, 2026.

See id. R. 38.8(b)(3).

It is so ordered March 13, 2026.

Before Justices Triana, Kelly, and Ellis

Abated and Remanded

Filed: March 13, 2026

Do Not Publish