Hathorn v. State

Full title: KEVIN WAYNE HATHORN, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court: COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Date published: Sep 5, 2017

CAUSE NO. 12-17-00076-CR (Tex. App. Sep. 5, 2017)

Opinion

CAUSE NO. 12-17-00076-CR

09-05-2017

KEVIN WAYNE HATHORN, APPELLANT v. THE STATE OF TEXAS, APPELLEE

PAM ESTES, CLERK

APPEALED FROM 349TH DISTRICT COURT IN AND FOR HOUSTON COUNTY, TEXAS

ORDER

Appellant is represented by Mr. Collin McFall, appointed counsel. On August 21, 2017, the time to file appellant's brief expired without a brief or a motion for extension of time. TEX. R. APP. P. 38.6(a). Pursuant to TEX. R. APP. P. 38.8(b), counsel was notified on August 22, 2017, that him brief was past due and was given until August 31, 2017, to file a brief 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 Mark A. Calhoon, Judge of the 349th District Court of Houston 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 October 5, 2017.

WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12^th Court of Appeals District, Tyler, Texas.

GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas this 5th day of September 2017, A.D.

Respectfully yours,

PAM ESTES, CLERK

By: /s/_________

Katrina McClenny, Chief Deputy Clerk