Opinion
10-22-00433-CR
07-06-2023
RYAN BOYETTE, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish
From the 443rd District Court Ellis County, Texas Trial Court No. 49045CR
Before Chief Justice Gray, Justice Johnson, and Justice SmithABATEMENT ORDER
PER CURIAM
In this case, appellant, Ryan Boyette, filed a notice of appeal on December 22, 2022, challenging his conviction for failure to comply with his duty to register as a sex offender. See TEX. CODE CRIM. PROC. ANN. art. 62.102. The Reporter's Record and Clerk's Record were filed on March 9, 2023, and March 31, 2023, respectively. Accordingly, pursuant to Texas Rule of Appellate Procedure 38.6(a), Boyette's brief was due on May 1, 2023. See TEX. R. APP. P. 38.6(a).
On May 4, 2023, the Clerk of this Court informed counsel for Boyette that his brief was late and that unless a brief or satisfactory response is filed within fourteen days of May 4, 2023, this Court would abate the appeal and order the trial court to immediately conduct a hearing pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3). See id. at R. 38.8(b)(2)-(3). This first late brief notice was inadvertently sent to Boyette's trial counsel.
Thereafter, on June 2, 2023, the Clerk of this Court informed Boyette's appointed appellate counsel that his brief was late and that unless a brief or satisfactory response is filed within fourteen days of June 2, 2023, this Court would abate the appeal and order the trial court to immediately conduct a hearing pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3). See id. at R. 38.8(b)(2)-(3). Boyette's appointed appellate counsel has not responded to our June 2, 2023 letter.
To date, Boyette has had more than eighty-five days to file his appellant's brief. We therefore abate this cause to the trial court with instructions to hold a hearing to determine: (1) why a proper brief has not been filed on appellant's behalf; (2) whether appellant's attorney has abandoned the appeal; (3) whether appellant still desires to proceed with the appeal; (4) whether appellant is receiving effective assistance of counsel; and (5) whether appellant desires to represent himself or obtain new counsel. See id. at 38.8(b)(2).
The trial court shall conduct the hearing within twenty-one days after the date of this order. The trial court clerk and court reporter shall file supplemental records within thirty-five days after the date of this order.
Appeal Abated.