Opinion
13-23-00387-CR
06-17-2024
BRYANT CHARLES PIERCE, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 117TH DISTRICT COURT OF NUECES COUNTY, TEXAS
Before Justices Benavides, Tijerina, and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. Appellant's brief was originally due to be filed on November 27, 2023. On November 11, 2023, after three previous extensions, appellant's counsel was ordered to file appellant's brief on or before 5:00 p.m. on April 11, 2024. On May 29, 2024, appellant's counsel was ordered to file appellant's brief with this Court on or before 5:00 p.m. on June 5, 2024. The Court further ordered that failure to file the brief shall result in a show cause hearing. On June 12, 2024, the
Court held a show cause hearing, and the Honorable Gabbie S. Canales appeared to show cause why she should not be found in contempt of this Court's current and previous orders to file the brief.
The Court, having examined and fully considered the documents on file and Ms. Canales's testimony, which included a request to withdraw as appointed counsel, is of the opinion that this case should be abated for appointment of new counsel. Therefore, this cause is hereby ordered ABATED, and the cause remanded to the trial court. Upon remand, the trial court shall appoint new counsel, and the name, address, email address, telephone number, and state bar number of newly appointed counsel shall be included in the order appointing counsel.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court within thirty days from the date of this order.