Opinion
Appellate case number: 01-15-01093-CRAppellate case number: 01-15-01094-CR
06-07-2016
Derrick Dontrell Bonner v. The State of Texas
ORDER Trial court case numbers: 14-DCR-066830, and 14-DCR-066831 Trial court: 434th District Court of Fort Bend County
In two trial court proceedings, appellant, Derrick Dontrell Bonner, was convicted of the felony offenses of aggravated robbery. In each appeal, the appellate record was complete on February 25, 2016, and appellant's brief was due on March 28, 2016. See TEX. R. APP. P. 35.2(a), 38.6(a). On April 7 and April 27, 2016, the Clerk of this Court notified appellant that his brief was late and, unless the Court received appellant's brief or a motion to extend time within 10 days, the Court might be required to order the trial court to conduct a hearing pursuant to rule 38.8. See TEX. R. APP. P. 38.8(b)(2), (3). Appellant has not responded.
Accordingly, we abate these appeals and remand the causes to the trial court to conduct a hearing at which a representative of the Fort Bend County District Attorney's Office and appellant's appointed counsel, Edwin Dee McWilliams, shall be present. Appellant shall also be present for the hearing in person or, if incarcerated, at the trial court's discretion, appellant may participate in the hearing by closed-circuit video teleconferencing.
Although appellant filed pro se notices of appeal of the judgments of conviction, the records filed in this Court do not include appointed counsel's motion to withdraw or an order permitting counsel to withdraw. Appointed counsel continues to represent appellant because counsel has not been discharged by the trial court and the appeals have not been exhausted. See TEX. CODE CRIM. PROC. ANN. art. 26.04(j)(2) (West Supp. 2015).
On appellant's request, 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. --------
We direct the trial court to:
1) determine whether appellant still wishes to pursue these appeals;See TEX. CODE CRIM. PROC. ANN. art. 1.051(a), (c), (d)(1), (f); 26.04(j)(2), (p); TEX. R. APP. P. 38.8(b).
2) if appellant wishes to pursue these appeals, determine whether good cause exists to relieve Edwin Dee McWilliams of his duties as appellant's counsel;
3) if good cause exists, enter in each trial court cause, a written order relieving Edwin Dee McWilliams of his duties as appellant's counsel, including in the order the basis for and finding of good cause, and appoint substitute appellate counsel at no expense to appellant;
4) if good cause does not exist, set a date certain when appellant's brief is due, regardless of whether this Court has yet reinstated the appeals and no later than thirty days from the date of the hearing;
5) make any other findings and recommendations the trial court deems appropriate; and
6) 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, or court recorder, record the hearing. The trial court clerk is directed to file, in each appeal, a supplemental clerk's record containing the trial court's findings, recommendations, and orders with this Court within 30 days of the date of this order. The court reporter is directed to file the reporter's record of the hearing within 30 days of the date of this order. If the hearing is conducted by video teleconference, a certified recording of the hearing shall also be filed in this Court within 30 days of the date of this order.
The appeals are abated, treated as closed cases, and removed from this Court's active docket. The appeals will be reinstated on this Court's active docket when records that comply with our order are filed with the Clerk of this Court. The court coordinator of the trial court shall set a hearing date and notify the parties.
It is so ORDERED. Judge's signature: /s/ Russell Lloyd
[×] Acting individually Date: June 7, 2016