Gambrell v. State

Full title: JAMES GAMBRELL, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District

Date published: Dec 19, 2023

No. 10-23-00234-CR (Tex. App. Dec. 19, 2023)

Opinion

10-23-00234-CR 10-23-00235-CR

12-19-2023

JAMES GAMBRELL, JR., Appellant v. THE STATE OF TEXAS, Appellee

PER CURIAM

Do not publish

From the 12th District Court Walker County, Texas Trial Court Nos. 30096 & 30238

Before Gray, Chief Justice, Johnson, and Justice Smith Justice (Chief Justice Gray dissents)

ABATEMENT ORDER

PER CURIAM

Although it appears that appellant, James Gambrell, is represented by counsel, on August 7, 2023, appellant filed pro se notices of appeal in trial court cause numbers 30096 and 30238 complaining about the trial court's "denial of pretrial speedy-trial claims." The Clerk's Records and Reporter's Records in both cases were filed in early-to-mid September 2023. Accordingly, appellant's brief was due on or before October 18, 2023, in both cases.

By letters dated October 30, 2023, the Clerk of this Court notified appellant that his briefs were late in both cases. Our October 30, 2023 letters warned that these cases would be abated and remanded to the trial court for a hearing pursuant to Texas Rules of Appellate Procedure 38.8(b)(2) and (3) if appellant did not file his brief in both cases within fourteen days of October 30, 2023. See TEX. R. APP. P. 38.8(b)(2)-(3). More than fourteen days have passed since our October 30, 2023 letters, and appellant has not filed his appellant's brief in either case.

We therefore abate and remand these appeals to the trial court with instructions to hold a hearing to determine: (1) why a proper brief has not been filed on appellant's behalf in each case; (2) whether appellant's attorney has abandoned the appeals; (3) whether appellant still desires to proceed with the appeals; (4) whether appellant is receiving effective assistance of counsel in both cases; (5) whether appellant desires to represent himself or obtain new counsel; and (6) when appellant will file briefs in both cases, if he still desires to proceed with the appeals. See id. at 38.8(b)(2).

The trial court shall conduct the hearing within twenty-one days after the date of this order. The trial court clerk and court reporter shall file supplemental records within thirty-five days after the date of this order.

Appeals Abated.