Opinion
06-23-00062-CR
11-01-2023
ROELANDUS DAMAS CARR, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 115th District Court Marion County, Texas Trial Court No. F15316
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
Roelandus Damas Carr appeals from his conviction of murder. Carr's notice of appeal was filed March 31, 2023. The clerk's record was filed April 5, 2023, and the reporter's record was filed July 31, 2023, making the appellant's brief originally due August 30, 2023. Appellant's counsel has now filed five motions to extend the briefing deadline in this case. We granted counsel's first two motions, extending the deadline to October 16, 2023. By letter dated October 17, 2023, we denied counsel's third motion, provided her the notice required by Rule 38.8(b)(2) that her brief was late, and gave her ten days to resolve the matter. Since our October 17 correspondence, counsel has filed two additional motions seeking extensions of the filing deadline.
Because appellant'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 Carr still desires to prosecute this appeal. Assuming Carr still desires to prosecute the appeal, the trial court is directed to determine (1) why Carr'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 Carr'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) the appellant's brief or (2) the supplemental appellate record.
IT IS SO ORDERED.