Opinion
06-24-00052-CR
11-04-2024
RUSSELL LEE BARTLEY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 336th District Court Fannin County, Texas Trial Court No. CR-20-27563
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
Russell Lee Bartley appeals from a conviction of aggravated sexual assault of a child. Bartley filed his notice of appeal on March 18, 2024. The clerk's record was filed on May 28, 2024, and the reporter's record was filed on June 12, 2024, making Bartley's brief originally due July 12, 2024. Bartley's counsel has now filed four motions to extend the briefing deadline in this matter. We granted counsel's first three motions to extend the briefing deadline. On October 8, 2024, Bartley filed a fourth motion seeking a thirty-day extension. On October 16, 2024, we denied Bartley's October 8 motion, but granted him an additional twenty-one days to October 24, 2024, in which to file his brief. We also warned Bartley that further extensions would not be granted. Since our October 16 correspondence, Bartley has not filed a brief.
Pursuant to his third motion to extend the briefing deadline, Bartley was given up to and including October 3, 2024, to file his brief. Bartley filed his fourth motion on October 8, five days after the October 3 deadline. The fourth extension, which gave him an additional twenty-one days to file his brief, began on October 3, not October 8.
Because Bartley's brief has not been filed, we abate this matter to the trial court for a hearing pursuant to Rule 38.8(b) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.8(b)(2). Specifically, the trial court is directed to determine whether Bartley still desires to prosecute this appeal. Assuming Bartley still desires to prosecute the appeal, the trial court is directed to determine (1) why Bartley's appellate brief has not been filed and (2) whether appointed counsel has abandoned the appeal. The trial court is directed to make appropriate findings and recommendations and have a record of the proceedings prepared. The record must include any findings made by the trial court. Based on that record, this Court will take appropriate action to ensure that Bartley's rights are protected. The trial court may also address any other matters it deems appropriate. The hearing is to be conducted within fifteen days of the date of this order.
The trial court's findings and recommendations on the issues set forth above shall be entered into the record of the case and presented to this Court in the form of a supplemental clerk's record within fifteen days of the date of the hearing. See Tex. R. App. P. 38.8(b)(3). The reporter's record of the hearing shall also be filed with this Court in the form of a supplemental reporter's record within fifteen days of the date of the hearing. See id.
All appellate timetables are stayed and will resume on our receipt of (1) Bartley's brief or (2) the supplemental appellate record.
IT IS SO ORDERED.
BY THE COURT