Hamel v. State

Full title: BRANDON MICHAEL HAMEL, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Sep 9, 2024

No. 09-23-00370-CR (Tex. App. Sep. 9, 2024)

Opinion

09-23-00370-CR 09-23-00371-CR

09-09-2024

BRANDON MICHAEL HAMEL, Appellant v. THE STATE OF TEXAS, Appellee

PER CURIAM

On Appeal from the 1st District Court Jasper County, Texas Trial Cause Nos. 14546JD and 14683JD

Before Golemon, C.J., Johnson and Wright, JJ.

ORDER

PER CURIAM

The trial court appointed Stephen Shires to represent Appellant Brandon Michael Hamel on appeal. The clerk's records were filed on December 13, 2023, and the reporter's records were filed on April 17, 2024. On July 22, 2024, the Court granted a second extension of time to file the brief. On August 12, 2024, the Clerk of the Court notified the parties that the brief was past due and had not been filed, and warned counsel that if no satisfactory response was received by August 22,2024, the Court would order the trial court to conduct a hearing to determine why no brief had been filed. Although the brief of the Appellant was due to be filed by August 9, 2024, the brief has not been filed.

We abate the appeal and remand the case to the trial court to conduct a hearing at which a representative of the State, counsel for the Appellant, and the Appellant shall be present. See Tex. R. App. P. 38.8(b)(3). We direct the trial court to determine whether or not Appellant desires to pursue his appeals. If Appellant desires to pursue his appeals, we direct the trial court to determine why the brief of the appellant has not been filed and whether good cause exists for appointed counsel, Stephen Shires, to be relieved of his duties as appellate counsel and replaced by substitute counsel. See Tex. Code Crim. Proc. Ann. art. 26.04(j)(2). If the trial court determines that good cause exists to relieve appointed counsel of his duties, we direct the trial court to appoint substitute counsel.

The record of the hearing, including any orders and findings of the trial court judge, shall be sent to the appellate court for filing. The transcription of the court reporter's notes from the hearing and the recommendations of the trial court judge are to be filed on or before October 9, 2024.