Opinion
NUMBER 13-17-00445-CR NUMBER 13-17-00450-CR
01-29-2018
JORDAN RENARD JOSEPH, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 377th District Court of Victoria County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Contreras and Benavides
Order Per Curiam
Appellant's briefs were originally due on October 18, 2017. Counsel filed a motion for extension of time until January 10, 2018, which was granted by the Court. On January 11, 2018, the Clerk of the Court notified appellant's counsel that the briefs had not been filed and requested a response concerning the failure to file the briefs within ten days. Counsel has nevertheless failed to file either a response or appellate briefs.
Accordingly, we now ABATE this appeal and REMAND these causes to the trial court for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate Procedure. Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant desires to prosecute these appeals; (2) why appellant's counsel has failed to file briefs and whether counsel has effectively abandoned the appeals; (3) whether appellant has been denied effective assistance of counsel; (4) whether appellant's counsel should be removed; and (5) whether appellant is indigent and entitled to court-appointed counsel.
If the trial court determines that appellant does want to continue the appeals, that present counsel should be removed, and that appellant is indigent and entitled to court-appointed counsel, the trial court shall appoint new counsel to represent appellant in these appeals. If new counsel is appointed, the name, address, email address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
It is so ORDERED.
PER CURIAM Do not publish
Tex. R. App. P. 47.2(b) Delivered and filed the 29th day of January, 2018.