Opinion
10-23-00135-CR
11-09-2023
EX PARTE TROY DANIEL THOELE
From the 85th District Court Brazos County, Texas Trial Court No. 11-03883-CRF-85
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM
Troy Thoele, acting pro se, filed a notice of appeal from the trial court's order signed on April 4, 2023, denying his application for writ of habeas corpus pursuant to article 11.072 of the Code of Criminal Procedure. The clerk's record was filed in this Court on May 12, 2023. Supplemental clerk's records were filed in this Court on June 6, 2023, and September 28, 2023. The reporter's record was filed in this Court on September 13, 2023.
On October 30, 2023, Thoele then filed in this Court a Motion for Extension of Time, explaining that he does not have a copy of the appellate record and that, as a result, he has been unable to prepare his appellant's brief. Thoele requests that we therefore grant him an extension of time to file the appellant's brief and order that he be sent an electronic copy of the appellate record in this appeal.
Thoele states in the motion that he "has reached out to the Brazos County District Clerk and the 85th District Court to procure an electronic copy[ ] but has been unsuccessful to date."
We abate this appeal and remand this cause to the trial court. The trial court is ordered to consider Thoele's request for an electronic copy of the appellate record in light of Rules of Appellate Procedure 20.2, 34.5(g), and 34.6(h), within 21 days of the date of this Order. The trial court clerk is ordered to file in this Court a supplemental clerk's record containing the trial court's order on Thoele's request for an electronic copy of the appellate record within 35 days of the date of this Order. If the trial court conducts a hearing on Thoele's request for an electronic copy of the appellate record, the court reporter is ordered to also file in this Court a supplemental reporter's record of the hearing within 35 days of the date of this Order.
Thoele's Motion for Extension of Time, filed in this Court on October 30, 2023, is otherwise granted. The appellant's brief is due 30 days from the date that this appeal is reinstated.