Opinion
NUMBER 13-17-00252-CR
07-30-2018
PHILLIP JACKSON, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 105th District Court of Nueces County, Texas.
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Order Per Curiam
Appellant, Phillip Jackson, filed a pro se notice of appeal with this Court from a judgment nunc pro tunc signed by the trial court on April 20, 2017. Appellant's brief was originally due on January 22, 2018. On January 4, 2018, this Court granted appellant's motion for extension of time and directed appellant to file the brief on or before February 28, 2018. On March 12, 2018, the Clerk of the Court notified appellant that the brief had not been filed and requested a response concerning the failure to file the brief within ten days. Appellant has not responded to the notice.
On April 20, 2018, we abated and remanded this appeal to the trial court for proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate Procedure. We ordered the trial court to conduct a hearing to determine whether appellant desires to prosecute this appeal, whether appellant is indigent, and if so, whether counsel should be appointed to represent appellant in this appeal. See TEX. R. APP. P. 38.8(b)(2), (3). We directed the trial court to make findings and recommendations, together with any other orders on remand, to be included in a supplemental clerk's record to be filed with the Clerk of this Court on or before the expiration of thirty days from the date of the order.
The trial court did not file its findings and recommendations within the designated time, and by letter dated May 25, 2018, and June 25, 2018, the Clerk of this Court notified the trial court that the supplemental record had not been filed and requested that it be filed within ten days. To date, a supplemental clerk's record has not been filed. A supplemental reporter's record filed on July 9, 2018 contains the record from a status hearing held on May 11, 2018, in which the appellant did not appear.
We direct the trial court to comply with our order of April 20, 2018 within twenty days. If the trial court requires additional time to comply, the trial court should so notify the Clerk of this Court in writing within this same period of time.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed this the 30th day of July, 2018.