Opinion
No. 11-15-00221-CR
02-04-2016
THOMAS EUGENE THOMPSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 238th District Court Midland County, Texas
Trial Court Cause No. CR44770
ORDER
On December 31, 2015, after this appeal had become unduly stalled due to the failure of Appellant's court-appointed counsel, Paul K. Williams, to file a docketing statement and an appellate brief, we issued an order in which we ordered Williams to file a docketing statement and a brief on behalf of Appellant. At that time, we directed that these documents be filed on or before January 11, 2016. Williams ignored the December 31, 2015 order of this court, and we heard nothing from him.
Thereafter, on January 21, 2016, this court entered a stand-and-deliver order to Williams. In that order, this court directed counsel to either file a brief and a docketing statement on or before 3:00 p.m. on January 29, 2016, or appear in person at that time and explain the inordinate delay in the preparation of those documents. In the January 21 order, we also informed Williams that, if he failed to obey the order, "a contempt proceeding will be initiated" against him.
Williams again ignored this court's directive: he failed to file a brief or a docketing statement by the designated time, and he failed to appear in person at the designated time. We note that Williams did belatedly file Appellant's brief on February 2, four days late, but that he has yet to file the requested docketing statement. Despite being warned of impending contempt proceedings, Williams failed to obey this court's January 21 order. Accordingly, we abate the appeal and remand the cause to the trial court.
The trial court is instructed to conduct a hearing on or before February 18, 2016, to determine if Williams should be held in contempt of court. The trial court is directed to make appropriate findings and recommendations pursuant to TEX. R. APP. P. 38.8(b). The clerk of the trial court is directed to prepare and forward to this court a supplemental clerk's record containing the findings, recommendations, and any orders of the trial court. The court reporter is directed to prepare and forward to this court the reporter's record from the hearing. The supplemental records are due to be filed in this court on or before February 25, 2016.
The appeal is abated. February 4, 2016
PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.