Opinion
14-21-00166-CR 14-21-00167-CR
02-17-2022
DEXTER TRAVON CARPENTER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 177th District Court Harris County, Texas Trial Court Cause Nos. 1592887, 1592908
Panel consists of Justices Wise, Poissant and Wilson.
ORDER
PER CURIAM.
Appellant is represented by retained counsel, Arthur Washington. Appellant's brief was originally due July 21, 2021. On November 2, 2021, we abated this appeal for a hearing to determine whether appellant desires to prosecute his appeal, the reason for the failure to file a brief, if appellant desires to continue the appeal, and a date certain when appellant's brief will be filed. A record of the hearing and a supplemental clerk's record has been filed and the appeal has been reinstated.
The trial court made findings that appellant desires to continue his appeal with Arthur Washington as his appellate counsel. The trial court did not make findings on the reason for the failure to file a brief or a date certain when the brief will be filed. The hearing record fails to indicate when the brief will be filed but does suggest the delay is related to a possible out-of-time motion for new trial. Such a request is properly presented in appellant's brief. See Parker v. State, 604 S.W.3d 555, 558 (Tex. App.-Houston [14th Dist.] 2020, no pet.).
Accordingly, we order Arthur Washington to file a brief with the clerk of this court within 30 days of the date of this order. If counsel does not timely file appellant's brief as ordered, the court may issue an order abating the appeal and directing the trial court to conduct a hearing to determine the reason for the failure to file the brief and the consideration of sanctions, appointment of new counsel, or other appropriate relief.