Opinion
Appellate case number: 01-17-00598-CRAppellate case number: 01-17-00599-CR
04-10-2018
Tika Anderson English v. The State of Texas
ORDER Trial court case numbers: 1477504; 1477505 Trial court: 178th District Court of Harris County
The complete record was filed in the above-referenced appeals on October 11, 2017, making appellant's brief due on November 10, 2017. See TEX. R. APP. P. 38.6(a). On November 16, 2017, the Clerk of the Court notified appellant's appointed counsel that a brief had not been filed and required a response within 10 days. See TEX. R. APP. P. 38.8(b)(2). Appellant's counsel filed a motion on November 17, 2017 requesting an extension to December 15, 2017 to file appellant's brief. The motion was granted the same day. After appellant's counsel failed to file a brief on December 15, 2017, another late brief notice was sent on December 22, 2017. Appellant's counsel then requested a second extension on January 2, 2018 requesting an extension to January 19, 2018. This court granted the extension with no further extensions absent extraordinary circumstances. Appellant's counsel again failed to file a brief by the deadline and another late brief notice was sent on February 5, 2018, requiring appellant's brief to be filed within 10 days. Appellant's counsel failed to respond to the notice and has not filed a brief on appellant's behalf.
We abate the appeals and remand the causes to the trial court to conduct a hearing at which a representative of the Harris County District Attorney's Office and appellant's appointed counsel shall be present. At the trial court's discretion, appellant may be present for the hearing in person or, if incarcerated, he may participate in the hearing by closed-circuit video teleconferencing.
We direct the trial court to:
1) determine whether appellant still wishes to pursue these appeals;
2) if appellant wishes to pursue these appeals, determine whether good cause exists to relieve counsel of his duties as appellant's counsel; andSee TEX. CODE CRIM. PROC. art. 1.051(a), (c), (d)(1), 26.04(j)(2); TEX. R. APP. P. 38.8(b).
3) make any other findings and recommendations the trial court deems appropriate.
The court coordinator of the trial court shall set a hearing date no later than 30 days from the date of this order and notify the parties and the Clerk of this Court of such date. The trial court clerk is directed to file a supplemental clerk's record containing the trial court's findings and recommendations with this Court within 30 days of the date of the hearing. The court reporter is directed to file the reporter's record of the hearing within 30 days of the date of the hearing.
The appeals are abated, treated as closed cases, and removed from this Court's active docket. The appeals will be reinstated on this Court's active docket when the supplemental clerk's record and the reporter's record of the hearing are filed in this Court.
It is so ORDERED. Judge's signature: /s/ Jane Bland
Acting individually Date: April 10, 2018