Opinion
No. 10-17-00128-CR
11-08-2017
ROY WAYNE GLENN, Appellant v. THE STATE OF TEXAS, Appellee
From the 19th District Court McLennan County, Texas
Trial Court No. 2016-1796-C1
REINSTATEMENT AND ABATEMENT ORDER
Appellant's brief was originally due June 30, 2017. After two extensions, it was due September 18, 2017. No brief was filed.
On September 27, 2017, we abated this appeal to the trial court to conduct any necessary hearings within 14 days of the date of the Order pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3). TEX. R. APP. P. 38.8(b)(2), (3). Supplemental clerk's and reporter's records required by Texas Rule of Appellate Procedure 38.8(b)(2) and (3), if any, were ordered to be filed within 21 days of the date of the Order. See id.
More than 21 days have passed and we have not received a brief, we have not been informed whether the trial court held a hearing as ordered, and we have not received either a supplemental reporter's or clerk's record.
Accordingly, we reinstate this appeal and again abate it to the trial court.
The trial court is ORDERED to conduct a hearing within 7 days from the date of this Order to determine:
1. why no brief has been filed;See TEX. R. APP. P. 38.8(b)(2), (3).
2. whether the appellant desires to prosecute his appeal;
3. whether the appellant is indigent;
4. or, if not indigent, whether counsel has abandoned the appeal;
5. whether appellant is receiving effective assistance of counsel;
6 whether to appoint new counsel for appellant; and
7. a date certain as to when appellant's brief will be filed with this Court and order counsel to file the brief on or before that date.
The trial court is further ORDERED to make appropriate findings and recommendations either in writing and submitted to the clerk within 7 days from the date of the hearing or orally on the record.
Supplemental clerk's and reporter's records required by Texas Rule of Appellate Procedure 38.8(b)(2) and (3), if any, are ORDERED to be filed within 14 days of the date of this Order. See id.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal reinstated
Appeal abated
Order issued and filed November 8, 2017