Opinion
CAUSE NO. 12-14-00127-CR
12-05-2014
THOMAS DARRELL HOWELL, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 420TH DISTRICT COURT IN AND FOR NACOGDOCHES COUNTY, TEXAS
ORDER
Appellant is represented by Mr. John Henry Tatum II, appointed counsel. On August II, 2014, the time to file appellant's brief expired without a brief or a motion for extension of time. TEX. R. APP. P. 38.6(a). Pursuant to TEX. R. APP. P. 38.8(b), counsel was notified on October 24, 2014 that no further extensions would be entertained by the Court, his motion for extension of time to file brief was overruled on November 19, 2014, and the brief was ordered to be filed no later than December 4, 2014. No satisfactory response has been received.
Pursuant to TEX. R. APP. P. 38.8(b)(3), it is ORDERED that Honorable Edwin A. Klein, Judge of the 420th District Court of Nacogdoches County, Texas, shall immediately conduct a hearing to determine (I) whether the appellant still desires to prosecute his appeal; (2) whether the appellant is indigent and either needs counsel appointed, or appellant's counsel has abandoned the appeal; or (3) if the appellant is not indigent, whether a brief has not been completed because retained counsel has either abandoned the appeal or because appellant has failed to make necessary arrangements for filing a brief; and (4) when appellant's counsel anticipates that the appellant's brief, if a brief is to be filed, will be completed.
It is FURTHER ORDERED that the judge shall (I) make appropriate findings as to the above set forth issues and (2) cause a record of the proceedings to be prepared.
It is ADDITIONALLY ORDERED that once findings are made as to the above set forth issues, if appellant is indigent, the judge shall (1) take such measures as may be necessary to assure appellant's effective representation, which may include the appointment of new counsel and (2) make recommendations to this Court regarding a proper filing date for the appellant's brief.
It is FINALLY ORDERED that the supplemental clerk's record (including any orders and findings) and the reporter's record of said hearing be filed with the Clerk of this Court on or before Monday, January 05, 2015.
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12th Court of Appeals District, Tyler, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas this 5th day of December 2014, A.D.
Respectfully yours,
CATHY S. LUSK, CLERK
By: __________
Ashley Yount, Deputy Clerk