Opinion
Appellate case number: 01-16-00162-CR
10-11-2016
Bradley Garrett v. The State of Texas
ORDER Trial court case number: 1432872 Trial court: 180th District Court of Harris County
On September 20, 2016, this case was abated and remanded to the trial court to conduct a late-brief hearing within 30 days of that order to determine whether, among other things, appellant's counsel, Patti Sedita, had abandoned the appeal. The Order of Abatement also stated that if appellant's counsel filed an extension request along with appellant's brief and a motion to reinstate in this Court within 10 days of that Order, we may withdraw that Order and reinstate the appeal.
On September 28, 2016, appellant's counsel timely submitted appellant's brief in this Court. After a preliminary review, appellant's brief appears to comply with Texas Rule of Appellate Procedure 38.1. Although appellant's counsel filed no motion for an extension or to reinstate this appeal, the abatement hearing record was filed in this Court on September 30, 2016. At the September 30, 2016 hearing, appellant's counsel explained, among other things, her delay in filing the brief and her expectation that this Court should reinstate this appeal after receiving the abatement record and her brief.
Accordingly, the Court sua sponte directs the Clerk of this Court to REINSTATE this case on the Court's active docket and directs it to file appellant's brief as of the date of this Order.
The State's brief, if any, is ORDERED to be filed within 30 days of the date of this Order. See TEX. R. APP. P. 2, 38.6(b), (d).
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[×] Acting individually Date: October 11, 2016