Opinion
Appellate case number: 01-19-00249-CR
11-14-2019
Anthony Mottin v. The State of Texas
MEMORANDUM ORDER OF ABATEMENT Trial court case number: 19077 Trial court: 344th District Court of Chambers County
The complete record has been filed in the above-referenced appeal. Appellant's appointed counsel, Jonathan D. Landers, has not filed a brief on appellant's behalf. On October 15, 2019, counsel for appellant filed an "Unopposed Motion to Abate His Appeal Until He is Restored to Competency," notifying this Court that appellant had been found incompetent to stand trial for another offense and requesting that we abate the appeal for 120 days until appellant's competence is restored.
We therefore abate the appeal and remand for the trial court to conduct a hearing at which a representative of the Chambers County District Attorney's Office and appellant's counsel, Jonathan D. Landers, shall be present. TEX. R. APP. P. 38.8(b)(2). Appellant shall also be present for the hearing in person or, if appellant is incarcerated, at the trial court's discretion, appellant 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 request of appellant, appellant and his counsel shall be able to communicate privately without being recorded or heard by the trial court or the attorney representing the State.
The trial court is directed to:
(1) determine whether appellant wishes to prosecute the appeal;See TEX. CODE CRIM. PROC. art. 1.051(a), (c), (d)(1), 26.04(j)(2); TEX. R. APP. P. 38.8(b).
(2) if appellant does wish to prosecute the appeal, set a date certain when appellant's brief is due, regardless of whether this Court has yet reinstated the appeal and no later than 30 days from the date of the hearing;
(3) make any other findings and recommendations the trial court deems appropriate; and
(4) enter written findings of fact, conclusions of law, and recommendations as to these issues, separate and apart from any docket sheet notations.
The trial court shall have a court reporter record the hearing and file the reporter's record with this Court within 120 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 120 days of the date of this order. If the hearing is conducted by video teleconference, a certified video recording of the hearing shall also be filed in this Court within 120 days of the date of this order.
The 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. Appellant's counsel, Jonathan D. Landers, is instructed to file a report no later than March 11, 2020, informing this Court about the status of appellant's mental health commitment and requesting an extension of the abatement or reinstatement of these appeals.
It is so ORDERED. Judge's signature: /s/ Sherry Radack
[×] Acting individually [ ] Acting for the Court Date: November 14, 2019