Opinion
01-22-00507-CR
07-09-2024
LaDamion Lamond Majors v. The State of Texas
54th District Court of McClennan County Trial court case No: 2020-294-C2
ORDER OF ABATEMENT
April Farris, Judge
Appellant LaDamion Lamond Majors filed a notice of appeal from the trial court's May 25, 2022 Judgment of Conviction by Jury. On November 23, 2022, appellant's court-appointed counsel filed a brief in which he concluded that, after a review of the record and pertinent law, the appeal was frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). However, after conducting an independent review of the record, the Court determined that nonfrivolous issues may exist in this appeal. Accordingly, on December 12, 2023, the Court issued an order striking the Anders brief, granting appellant's court-appointed counsel's motion to withdraw, and abated the case to the trial court for appointment of new counsel.
On March 19, 2024, after appellant was appointed new appellate counsel, the Court reinstated the appeal and set an April 3, 2024 deadline for the filing of appellant's brief. Appellant did not file a brief by the deadline, and on April 23, 2024, the Clerk of this Court notified appellant that the time for filing his brief had expired and that, unless a brief or motion to extend time to file a brief, was filed by May 3, 2024, the Court would be required to abate the appeal and remand to the trial court to hold a hearing regarding the failure to file a brief.
On April 24, 2024, appellant's court-appointed appellate counsel filed a motion to extend the time to file a brief. The Court granted the motion, extending appellant's deadline to file a brief to May 17, 2024. No brief was filed by the extended deadline. However, on May 19, 2024, appellant's court-appointed appellate counsel filed a letter notifying the Court that counsel expected to complete appellant's brief "by the end of the week, hopefully sooner." Then, on May 23, 2024, appellant's court-appointed counsel filed a letter notifying the Court that the filing of appellant's brief was delayed, but counsel expected to file a brief imminently. Pursuant to these letters, the Court extended the deadline for the filing of appellant's brief to June 17, 2024. However, no brief was filed. On June 27, 2024, appellant's court-appointed counsel requested an additional extension of the deadline to file a brief to July 1, 2024. Again however, no brief was filed.
Accordingly, we abate the appeal and remand for the trial court to, within twenty days of the date of this order, conduct a hearing at which a representative of the McClennan County District Attorney's Office and appellant's appointed counsel, Denny Lessman, shall be present. Tex.R.App.P. 38.8(b)(2). Appellant shall also be present for the hearing in person or, if he is incarcerated, at the trial court's discretion, he may participate in the hearing by closed-circuit video teleconferencing.
Any such teleconference must use a closed-circuit video teleconferencing system that provides for a simultaneous compressed full motion video and interactive communication of image and sound between the trial court, appellant, and any attorneys representing the State or appellant. On his request, appellant and his counsel shall be able to communicate privately without being recorded or heard by the trial court or the State's attorney.
The trial court is directed to:
(1) determine whether appellant wishes to prosecute the appeal;
(2) if appellant wishes to prosecute the appeal, determine whether good cause exists to relieve Denny Lessman of any duties as appellant's counsel;
(3) if good cause exists, enter a written order relieving Denny Lessman of any duties as appellant's counsel, including in the order the basis for and finding of good cause, and appoint substitute appellate counsel at no expense to appellant;
(4) set a date when appellant's brief will be filed, regardless of whether this Court has yet reinstated the appeal and no later than 30 days from the date of the hearing;
(5) make any other findings and recommendations the trial court deems appropriate; and
(6) enter written findings of fact, conclusions of law, and recommendations as to these issues.See Tex. Code Crim. Proc. Ann. art. 1.051(a), (c), (d)(1), 26.04(j)(2); Tex.R.App.P. 38.8(b).
The trial court shall have a court reporter record the hearing and file the reporter's record with this Court within thirty days of the date of this order. The trial court clerk is directed to file a supplemental clerk's record containing the trial court's findings and recommendations with this Court within thirty days of the date of this order.
This appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the supplemental clerk's record and the reporter's record of the hearing are filed in this Court. The court coordinator of the trial court shall set a hearing date and notify the parties and the Clerk of this Court of such date.
It is so ORDERED.