Opinion
05-24-00643-CV
08-22-2024
IN THE MATTER OF J.L.T.M., A JUVENILE
On Appeal from the County Court at Law No. 1 Hunt County, Texas Trial Court Cause No. J02738
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
This appeal, from the trial court's judgment of disposition for determinate sentence, was filed by court-appointed appellate counsel on behalf of appellant. The clerk's record, however, includes a waiver of the right to appeal signed by appellant, and nothing before us reflects appellant withdrew the waiver. Accordingly, to ensure proper disposition of the appeal, we ORDER the trial court to hold a hearing, no later than September 11, 2024, to determine whether appellant waived his right to appeal.
If appellant did not waive his right to appeal, the trial court shall next determine whether appellant still wishes to pursue the appeal and, if appellant wishes to pursue the appeal, the trial court shall determine why appellant's brief, due August 1, 2024, has not been filed. If new counsel should be required to be appointed to ensure appellant's brief is filed by October 11, 2024, the trial court shall appoint new counsel.
The trial court shall file written findings, and the findings, along with any order appointing new counsel, shall be included in a supplemental clerk's record. The supplemental clerk's record, and a supplemental reporter's record of the hearing, shall be filed no later than September 18, 2024.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Timothy S. Linden, Presiding Judge of County Court at Law No. 1; Hunt County Clerk Becky Landrum; Official Court Reporter Cher Bench; and the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal shall be reinstated no later than September 25, 2024.