Opinion
12-22-00108-CR
10-14-2022
JESSIE DWAYNE RAY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 7TH DISTRICT COURT IN AND FOR SMITH COUNTY, TEXAS
ORDER
Appellant is represented by Ms. Christie Merchant, appointed counsel. Appellant's brief was originally due on August 5, 2022. Counsel has received 55 additional days in extensions. Tex.R.App.P. 38.6(a). On September 16, 2022, appellant's motion for extension of time to file brief was overruled and the brief was ordered to be filed by September 26, 2022. Tex.R.App.P. 38.6(d). No satisfactory response has been received.
Pursuant to Tex.R.App.P. 38.8(b)(3), it is ORDERED that Honorable Kerry L. Russell, Judge of the 7th District Court of Smith 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, November 14, 2022
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12th Court of Appeals District, Tyler, Texas.