Shannon Dee Hargues v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 19, 2023
• Docket: 07-23-00196-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00196-CR

SHANNON DEE HARGUES, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 84th District Court Ochiltree County, Texas Trial Court No. 5351, Honorable Curt Brancheau, Presiding

December 19, 2023 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Shannon Dee Hargues appealed from the trial court’s judgment revoking her

community supervision and adjudicating her guilt. Her appointed counsel on appeal

subsequently filed a motion to withdraw supported by an Anders1 brief. Having found an

arguable issue warranting appeal, we grant counsel’s motion to withdraw and remand the

cause to the trial court for appointment of new appellate counsel.

1 See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 18 L. Ed. 2 493 (1967). The record before us illustrates that the State moved to adjudicate appellant’s guilt

within the three-year term of her community supervision. However, it does not reflect that

capias also issued within that period. See Ex parte Moss, 446 S.W.3d 786, 792 (Tex.

Crim. App. 2014) (stating that both a motion to revoke and the issuance of capias must

transpire within the term of probation for the trial court to retain jurisdiction over the

proceeding). Thus, a question about the trial court’s jurisdiction to adjudicate appellant’s

guilt exists. Furthermore, appellant’s current appointed counsel did not address that in

his Anders brief.

We grant counsel’s motion to withdraw, abate the proceeding, and remand the

cause to the trial court. On remand, the trial court shall, by written order, appoint new

counsel to represent appellant on appeal. The name, address, email address, telephone

number, and State Bar number of newly appointed counsel must be specified in the order.

The trial court will then cause its order to be filed in a supplemental clerk’s record with the

clerk of this court no later than January 10, 2024.

The deadline by which newly appointed counsel must file an appellant’s or other

brief addressing the aforementioned question of jurisdiction and any other arguable

issues is February 9, 2024, unless otherwise extended. Newly appointed counsel may

also request the supplementation of the appellate record as needed. Such

supplementation, if any, must be requested by written motion filed with the clerk of this

court before January 24, 2024.

It is so ordered.

Per Curiam

Do not publish. 2