Opinion
10-22-00260-CR
04-24-2023
THOMAS DWAYNE CHATMAN, Appellant v. THE STATE OF TEXAS, Appellee
From the 54th District Court McLennan County, Texas Trial Court No. 2018-83-C2
Before Chief Justice Gray and Justice Smith
SECOND ABATEMENT ORDER
PER CURIAM.
Appellant's brief was originally due January 19, 2023. No brief has been filed by appellant.
This appeal was abated on February 14, 2023 to the trial court to determine, among other things, whether counsel was ineffective in counsel's representation of appellant and a date certain when appellant's brief would be filed.
At the abatement hearing on March 30, 2023, the trial court ordered counsel to file a motion for extension of time no later than March 31, 2023, and counsel assured the trial court that appellant's brief would be filed on April 3, 2023. Appellant's Motion for Extension of Appellate Brief Submission Deadline, requesting an extension of time until April 3, 2023 to file appellant's brief, was filed on March 31, 2023. However, no brief was filed.
On April 11, 2023, this Court reinstated the appeal and granted Appellant's Motion for Extension of Appellate Brief Submission Deadline as modified: Appellant's brief was ordered due 7 days from the date of the Order, that being April 18, 2023.
No brief has been filed. No additional motion for extension of time to file the brief has been filed.
Accordingly, this appeal is ABATED again to the trial court to, within 14 days from the date of this ORDER, hold a hearing to determine if additional or new counsel should be appointed for appellant as necessary for appellant to have the effective assistance of counsel, or, by whatever means, secure the filing in this Court of appellant's brief by a date certain.
Appeal abated.