Opinion
10-23-00416-CR
06-12-2024
VIRGIL BRYANT III, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish
From the 443rd District Court Ellis County, Texas Trial Court No. 48897CR
Before Chief Justice Gray, Justice Johnson, and Justice SmithABATEMENT ORDER
PER CURIAM
Appellant Virgil Bryant, III filed a notice of appeal on December 8, 2023 challenging his conviction for driving while intoxicated. The clerk's record was filed on March 27, 2024. The reporter's record was filed on April 10, 2024. On May 14, 2024, the Clerk of this Court notified Appellant that his brief was late and that, unless a brief or satisfactory response is received within fourteen days from the date of the letter, we would abate this appeal and order the trial court to conduct a hearing. See TEX. R. APP. P. 38.8(b)(2),(3). To date, we have not received a brief or response to our May 14, 2024 letter.
We therefore ABATE this appeal and REMAND the case to the trial court to hold a hearing to determine whether Appellant is receiving effective assistance of counsel, and if not, whether to appoint new counsel to represent Appellant effectively. If no new counsel is appointed, the trial court shall determine a date certain when Appellant's counsel will file the Appellant's brief with this Court and state it on the record.
The trial court shall conduct the hearing within fourteen days after the date of this Order. The supplemental clerk's and reporter's records are ordered to be filed within twenty-one days of the date of this Order.
Appeal abated