Opinion
12-22-00174-CR
07-19-2023
ANTHONY WAYNE BROOKS, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 2ND DISTRICT COURT IN AND FOR CHEROKEE COUNTY, TEXAS
ORDER
Honorable James T. Worthen, Chief Justice
Appellant is represented by Mr. Forrest K. Phifer, appointed counsel. On March 13, 2023, the appellant's brief and appendix were filed in the instant appeal. Tex.R.App.P. 38.6(a). Pursuant to Tex.R.App.P. 38.5(a)(1), counsel was notified on July 7, 2023, that his brief did not comply with the afore-mentioned requirement and would be returned, deemed past due and was given until July 12, 2023, to file the appendix or otherwise explain the delay. No satisfactory response has been received.
Pursuant to Tex.R.App.P. 38.8(b)(3), it is ORDERED that Honorable R. Chris Day, Judge of the 2nd District Court of Cherokee County, Texas, shall immediately conduct a hearing to determine (1) whether the appellant still desires to prosecute his appeal; (2) whether the appellant is indigent and either needs counsel appointed, or appellant's counsel has abandoned the appeal; or (3) if the appellant is not indigent, whether a brief has not been completed because retained counsel has either abandoned the appeal or because appellant has failed to make necessary arrangements for filing a brief; and (4) when appellant's counsel anticipates that the appellant's brief, if a brief is to be filed, will be completed.
It is FURTHER ORDERED that the judge shall (1) make appropriate findings as to the above set forth issues and (2) cause a record of the proceedings to be prepared.
It is ADDITIONALLY ORDERED that once findings are made as to the above set forth issues, if appellant is indigent, the judge shall (1) take such measures as may be necessary to assure appellant's effective representation, which may include the appointment of new counsel and (2) make recommendations to this Court regarding a proper filing date for the appellant's brief.
It is FINALLY ORDERED that the supplemental clerk's record (including any orders and findings) and the reporter's record of said hearing be filed with the Clerk of this Court on or before Wednesday, August 2, 2023