Opinion
09-23-00384-CR 09-23-00385-CR
07-09-2024
BRYCE LAWRENCE CEASER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause Nos. F22-39369, 23DCCR0219
Before Johnson, Wright and Chambers, JJ.
ORDER
PER CURIAM
The trial court appointed Thomas J. Burbank to represent Appellant Bryce Lawrence Ceaser on appeal. The clerk's records were filed on January 16, 2024, and the reporter's records were filed on February 5, 2024. On June 10, 2024, the Court granted a fourth extension of time to file the brief in each appeal, noting that the extension was a final extension, and we warned Appellant's court-appointed attorney, Thomas J. Burbank, that unless we received the brief by July 5, 2024, we would order the trial court to conduct a hearing to determine why no brief has been filed. Although the brief of the appellant was due to be filed by July 5, 2024, the brief has not been filed in either appeal.
We abate the appeals and remand the cases to the trial court to conduct a hearing at which a representative of the State, counsel for the appellant, and the appellant shall be present. See Tex.R.App.P. 38.8(b)(3). We direct the trial court to determine whether or not Appellant desires to pursue his appeal. If Appellant desires to pursue his appeal, we direct the trial court to determine why the brief of the appellant has not been filed and whether good cause exists for appointed counsel, Thomas J. Burbank, to be relieved of his duties as appellate counsel and replaced by substitute counsel. See Tex. Code Crim. Proc. Ann. art. 26.04(j)(2). If the trial court determines that good cause exists to relieve appointed counsel of his duties, we direct the trial court to appoint substitute counsel.
The records of the hearing, including any orders and findings of the trial court judge, shall be sent to the appellate court for filing. The transcriptions of the court reporter's notes from the hearing and the recommendations of the trial court judge are to be filed on or before August 8, 2024.
ORDER ENTERED.