Staar Monique Dominguez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 17, 2024
• Docket: 07-24-00106-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00106-CR

STAAR MONIQUE DOMINGUEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 69th District Court Moore County, Texas Trial Court No. 6072, Honorable Kimberly Allen, Presiding

September 17, 2024 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Staar Monique Dominguez, appeals from the trial court’s judgment

revoking her community supervision for the offense of possession of a controlled

substance1 and sentencing her to twenty-four months of confinement in a state jail facility.

Appellant’s brief was originally due May 23, 2024, but we granted Appellant’s counsel

three extensions to file a brief. By letter of August 2, 2024, we admonished counsel that

1 See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b). no further extensions would be granted and that failure to file a brief by August 23 would

result in the appeal being abated and the cause remanded to the trial court for further

proceedings without further notice. To date, Appellant’s counsel has not filed a brief or

had any further communication with this Court.

Accordingly, we abate this appeal and remand the cause to the trial court for further

proceedings. See TEX. R. APP. P. 38.8(b)(2), (3). Upon remand, the trial court shall

determine the following:

(1) whether Appellant still desires to prosecute the appeal;

(2) whether Appellant is indigent;

(3) if Appellant is not indigent, whether Appellant has made the necessary arrangements for filing a brief;

(4) why a timely appellate brief has not been filed on Appellant’s behalf;

(5) whether Appellant’s counsel has abandoned the appeal;

(6) whether Appellant has been denied the effective assistance of counsel;

(7) whether new counsel should be appointed; and

(8) if Appellant desires to continue the appeal, the date the Court may expect Appellant’s brief to be filed.

The trial court is directed to enter such orders necessary to address the

aforementioned questions. So too shall it include its findings on those matters in a

supplemental record and cause that record to be filed with this Court by October 17, 2024.

If it is determined that Appellant desires to proceed with the appeal, is indigent, and has

been denied the effective assistance of counsel, the trial court may appoint her new

2 counsel; the name, address, email address, telephone number, and state bar number of

any newly appointed counsel shall be included in the aforementioned findings.

Should Appellant’s counsel file a brief on or before October 8, 2024, she is directed

to immediately notify the trial court of the filing, in writing, whereupon the trial court shall

not be required to take any further action.

It is so ordered.

Per Curiam

Do not publish.