Opinion
05-23-00779-CR
12-08-2023
GRADY LEE BROWN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court At Law No. 1 Kaufman County, Texas Trial Court Cause No. 20-50269-CC-F
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due October 18, 2023. On October 20, 2023, this Court notified appellant's counsel, Michael Ray Harris, that appellant's brief was overdue, and we directed Mr. Harris to file appellant's brief and a motion for extension of time to file the brief by October 30, 2023. On November 14, 2023, this Court ordered Mr. Harris to file appellant's brief and a motion for extension of time to file the brief on or before November 27, 2023. Both the directive of October 20, 2023, and the order of November 14, 2023, cautioned Mr. Harris that if appellant's brief was not filed by the stated date, the appeal might be abated for the trial court to make findings in accordance with Rule of Appellate Procedure 38.8. As of the date of this order, appellant's brief has not been filed, and Mr. Harris has not communicated with this Court concerning this appeal.
Accordingly, the Court ORDERS the trial court to conduct a hearing on the record to determine why appellant's brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See TEX. R. APP. P. 38.8(B). IF THE TRIAL COURT CANNOT OBTAIN APPELLANT'S PRESENCE AT THE HEARING, THE TRIAL COURT SHALL CONDUCT THE HEARING IN APPELLANT'S ABSENCE. See Meza v. State, 742 S.W.2d 708 (Tex. App.-Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the trial court's findings are received or at such other time as the Court deems proper.
We DIRECT the Clerk to send copies of this order to the Honorable Tracy Gray, Presiding Judge, County Court at Law, Kaufman County; Jan Cherie Williams, Official Court Reporter for Court at Law, Kaufman County; and counsel for all parties.