Opinion
10-24-00004-CR
07-01-2024
CHAD WAYNE GILLEN, Appellant v. THE STATE OF TEXAS, Appellee
From the 443rd District Court Ellis County, Texas Trial Court No. 49952
Before Chief Justice Gray, Johnson, Justice and Smith, Justice.
ABATEMENT ORDER
PER CURIAM
Appellant's brief in this case was due on May 22, 2024.
On June 3, 2024, the Clerk of this Court sent a letter to Appellant to notify him of the missed filing deadline. This notice letter provided that no brief had been filed and that the deadline had passed. The letter also provided that if no brief or other response was received by this Court within 14 days of the date of the letter, this Court must abate the appeal and order the trial court to immediately conduct a hearing pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) & (3).
As of the date of this order, no brief or other response from Appellant has been received by this Court.
Accordingly, we abate this appeal and remand this cause to the trial court to conduct a hearing within 21 days of the date of this Order to determine why Appellant's brief has not yet been filed. The trial court shall determine a date certain and state that date upon the record when Appellant's brief will be filed with this Court.
The supplemental reporter's record of the abatement hearing and the supplemental clerk's record, if any, are ordered to be filed within 35 days of the date of this Order.