Opinion
05-23-01008-CV
02-29-2024
IN THE MATTER OF R.R., A JUVENILE
On Appeal from the County Court At Law No. 1 Kaufman County, Texas Trial Court Cause No. 22J-084
ORDER
KEN MOLBERG, JUSTICE
Appellant's brief in this juvenile delinquency appeal was originally due December 1, 2023. On January 4, 2024, we notified appellant's counsel the brief had not been field and directed counsel to file the brief and an extension motion within thirty days. Because appellant failed to file a brief by that time, on February 9, 2024, we ordered appellant to file his brief and an extension notice within ten days. In that order, we cautioned counsel that failure to file a brief or an extension motion would result in our ordering a hearing to determine why the brief had not been filed. To date, counsel has not filed appellant's brief or otherwise corresponded with the Court regarding the status of appellant's brief.
So that this appeal can proceed, we ORDER the trial court to conduct a hearing to determine why appellant's brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal and, if so, to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. See Tex. R. App. P. 38.8(a)(2); In re M.A.D., 167 S.W.3d 938, 939 (Tex. App-Waco 2005, order) (per curium) (remanding for appointment of new counsel where appellate counsel failed to timely file appellate brief). If the trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within TWENTY DAYS of the date of this order.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated TWENTY DAYS from the date of this order or when the findings are received, whichever is earlier.