Christina Thompson v. State of Texas - Deadly Conduct Appeal
Summary
The Texas Court of Appeals, 3rd District, has abated and remanded the appeal of Christina Thompson v. State of Texas. The court is ordering a hearing to determine the appellant's desire to prosecute the appeal and her indigency status for the reporter's record.
What changed
The Texas Court of Appeals, 3rd District, has abated and remanded the criminal appeal of Christina Thompson v. State of Texas (Docket No. 03-25-00265-CR). The court's decision stems from the appellant's appointed counsel's inability to contact her and the appellant's repeated failure to pay for the reporter's record, despite multiple extensions. The appeal is abated to the trial court to conduct a hearing on the appellant's desire to proceed with the appeal and her indigency status.
This action requires the trial court to hold a hearing, make findings, and potentially appoint new counsel if the appellant is found indigent. Legal professionals involved in similar appeals should note the importance of ensuring clients are reachable and that necessary records are secured, as failure to do so can lead to abatement and remand. The outcome of the trial court's hearing will determine the future of this appeal.
What to do next
- Trial court to conduct hearing on appellant's desire to prosecute appeal and indigency status.
- Trial court to make written findings and recommendations.
- Trial court to appoint substitute counsel if necessary.
Source document (simplified)
Jump To
Top Caption Disposition Lead Opinion
Support FLP
CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.
Please become a member today.
March 13, 2026 Get Citation Alerts Download PDF Add Note
Christina Thompson v. the State of Texas
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-25-00265-CR
- Nature of Suit: Deadly Conduct
Disposition: Abated and Remanded
Disposition
Abated and Remanded
Lead 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
2
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Courts & Legal alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when Texas Court of Appeals publishes new changes.