Opinion
Appellate case number: 01-19-00342-CR
09-22-2020
Nicholas Jordandarsh Brooks v. The State of Texas
MEMORANDUM ORDER Trial court case number: 1481140 Trial court: 183rd District Court of Harris County
Appellant, Nicholas Jordandarsh Brooks, has asked this Court to abate his appeal, contending that he was deprived of counsel during the critical period for filing a motion for new trial and is therefore entitled to file an out-of-time motion for new trial. After due consideration, it appears that the record supports Brooks's contention that he did not receive adequate representation from trial counsel during a portion of the motion-for-new-trial period and that he was harmed because he was not able to pursue his ineffective-assistance of counsel claims in a motion for new trial. See Cooks v. State, 240 S.W.3d 906, 911 (Tex. Crim. App. 2007); Bearman v. State, 425 S.W.3d 328 (Tex. App.—Houston [1st Dist.] 2010, order).
Accordingly, the Court withdraws the case from submission, abates the appeal, remands the case to the trial court, and restarts the appellate timetable to allow Brooks the opportunity to file a motion for new trial. The timetable for filing a motion for new trial shall begin running on the date the district clerk receives this order. The hearing, if any, on the motion for new trial shall be set for a date not later than 60 days from the date of this order.
The appeal is abated, treated as a closed case, and removed from this Court's active docket. It will be reinstated when the supplemental records are filed here. If the trial court grants Brooks's motion for new trial, the trial court shall supplement the appellate record with the trial court's order within 30 days of the date of the ruling, and Brooks's appeal will be dismissed. See Carnell v. State, 535 S.W.3d 569, 574 n.5 (Tex. App.—Houston [1st Dist.] 2017, order). If the trial court overrules Brooks's motion for new trial, the trial court shall supplement the appellate record with the motion, order, and any reporter's record of a hearing on the motion within 30 days of the date of the ruling, and the parties will be allowed to brief any issues relating to the overruled motion. See id. The Court will also consider an appropriate motion to reinstate the appeal filed by either party.
It is so ORDERED. Judge's signature: /s/ Richard Hightower
[v] Acting individually [ ] Acting for the Court Date: September 22, 2020