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Clemons v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 8, 2017
No. 10-17-00036-CR (Tex. App. Nov. 8, 2017)

Opinion

No. 10-17-00036-CR

11-08-2017

KENNETH DWAYNE CLEMONS, Appellant v. THE STATE OF TEXAS, Appellee


From the 40th District Court Ellis County, Texas
Trial Court No. 34487CR

ABATEMENT ORDER

Kenneth Clemons seeks to appeal the trial court's judgment revoking his community supervision. Damon Fehler was Clemon's trial counsel, and he filed a notice of appeal on February 6, 2017. The trial court granted Fehler's motion to withdraw on February 8, 2017 and appointed April Smith as Clemons's appellate counsel. April Smith filed a notice of appeal and a motion for new trial in the trial court on February 24, 2017. On February 27, 2017, Laurin Compton filed a notice of appearance in the trial court stating that the Jackson Law Firm had been retained to represent Clemons on appeal. On March 14, 2017, April Smith filed a letter in the trial court indicating she was withdrawing, but the record does not reflect that the trial court took any action on the letter.

The appellant's brief is overdue in this appeal. On August 3, 2017, this Court notified Laurin Compton that the brief was overdue. On August 11, 2017, Ray Jackson, with the Jackson Law Firm, filed a motion for extension of time to file the brief. This Court granted the motion for extension, and the brief was due to be filed on September 25, 2017. No brief was filed. On October 5, 2017, this Court notified Laurin Compton that the brief was overdue. This Court has received no response, and to date no brief has been filed.

We abate this appeal to the trial court to conduct any necessary hearings within 30 days of the date of this Order pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3). TEX. R. APP. P. 38.8(b)(2), (3).

The supplemental clerk's and reporter's records required by the rule, if any, are ordered to be filed within 45 days of the date of this Order. See id.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal abated
Order issued and filed November 8, 2017
Do not publish


Summaries of

Clemons v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 8, 2017
No. 10-17-00036-CR (Tex. App. Nov. 8, 2017)
Case details for

Clemons v. State

Case Details

Full title:KENNETH DWAYNE CLEMONS, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Nov 8, 2017

Citations

No. 10-17-00036-CR (Tex. App. Nov. 8, 2017)