McCreary v. State

Full title: JUSTIN LEWIS MCCREARY, APPELLANT v. THE STATE OF TEXAS, APPELLEE

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

Date published: Nov 8, 2019

CAUSE NO. 12-19-00295-CR (Tex. App. Nov. 8, 2019)

Opinion

CAUSE NO. 12-19-00295-CR

11-08-2019

JUSTIN LEWIS MCCREARY, APPELLANT v. THE STATE OF TEXAS, APPELLEE

KATRINA MCCLENNY, CLERK

APPEALED FROM 369TH DISTRICT COURT IN AND FOR ANDERSON COUNTY, TEXAS

ORDER

Appellant is represented by Mr. Philip C. Fletcher, appointed counsel. On October 16, 2019, 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 October 18, 2019, that his brief was past due and was given until October 28, 2019, 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 C. Michael Davis, Judge of the 369th District Court of Anderson 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 Monday, December 9, 2019.

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 8th day of November 2019, A.D.

Respectfully yours,

/s/_________

KATRINA MCCLENNY, CLERK