Opinion
14-23-00187-CV
05-10-2023
IN THE MATTER OF X.H.
On Appeal from the 313th District Court Harris County, Texas Trial Court Cause No. 2022-00900J
Panel Consists of Christopher Chief Justice and Zimmerer and Poissant Justices.
ORDER
PER CURIAM
This is an accelerated appeal from an order entered under section 54.02 of the Texas Family Code regarding transfer of the child for prosecution as an adult. Appellant's brief was due April 25, 2023, but has not been filed.
Appeals in juvenile certification cases and child protection cases are to be brought to final disposition within 180 days of the date the notice of appeal is filed. This accelerated schedule requires greater compliance with briefing deadlines.
On April 26, 2023, this court ordered appointed counsel, Gary M. Polland, to file a brief on or before May 8, 2023. No brief was filed. Accordingly, we issue the following order.
We ORDER the judge of the 313th District Court to immediately conduct a hearing to determine:
(1) the reason for the failure to file a brief;
(2) whether appellant desires to continue this appeal; and
(3) if appellant desires to continue the appeal, a date certain when appellant's brief will be filed.
The judge shall:
(1) appoint new appellate counsel for appellant if necessary;
(2) see that a record of the hearing is made;
(3) make findings of fact and conclusions of law; and
(4) order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions.
The transcribed record of the hearing, and supplemental clerk's record shall be filed with the clerk of this court on or May 16, 2023.
If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date. If counsel files a brief before the date set for a hearing, the trial court need not hold a hearing.