Opinion
09-24-00080-CR 09-24-00081-CR
09-12-2024
SHANE ANTHONY HARTMAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 221st District Court Montgomery County, Texas Trial Cause Nos. 22-10-14743-CR and 22-10-14744-CR
Before Golemon, C.J., Johnson and Wright, JJ.
ORDER
PER CURIAM
Retained counsel, Travis Bryan I, represents appellant Shane Anthony Hartman on appeal. The clerk's records were filed on July 22, 2024, and the reporter's records were filed on March 27, 2024. The brief of the appellant was due August 21, 2024. On August 22, 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 September 3, 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 22, 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). At the hearing, the trial court shall determine whether appellant desires to pursue his appeals, whether the appellant is indigent, or, if not indigent, whether retained counsel has abandoned the appeal. Id. 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 why appellant's counsel has not responded to late notices from this Court. If the trial court determines that retained counsel has abandoned the appeal, the trial court shall determine whether the appellant is indigent and whether counsel should be appointed for the appeal. See Tex. Code Crim. Proc. Ann. art. 26.04(j)(2).
The record of the hearing, including any orders and findings of the trial court, shall be sent to the appellate court. Tex.R.App.P. 38.8(b)(3). The transcription of the trial court's hearing and the findings and recommendations from the trial court are to be filed on or before October 14, 2024.