Opinion
05-23-00900-CR
08-13-2024
SHUBHANKAR KAWLE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 34504CR.
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
Before the Court is appellant's counsel August 8, 2024 SIXTH motion to extend time to file appellant's brief. We DENY counsel's motion and ABATE this case to the trial court to conduct a hearing on the record to determine why counsel has not filed appellant's brief.
Appellant's brief was originally due February 10, 2024. This Court granted appellate counsel's motion for extension of time to file the brief on February 8, 2024, March 11, 2024, April 29, 2024, May 31, 2024, and July 8, 2024. When we granted counsel's third, fourth, and fifth motions for extension of time, we warned her "if appellant's brief is not filed by that date, this appeal will be abated for the trial court to make findings in accordance with rule of appellate procedure 38.8. See Tex. R. App. P. 38.8(b)(2)." Additionally, we note counsel's motion for extension of time to file appellant's brief followed her fifth motion for extension of time, which stated, "[t]his is Appellant's final request for extension."
Accordingly, the Court ORDERS the trial court to conduct a hearing on the record 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 whether counsel has abandoned the appeal. See Tex. R. App. P. 38.8(b). If the trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.-Corpus Christi-Edinburg 1987, no pet.) (per curiam). The trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
We ORDER the court reporter for the hearing required by this order to file a reporter's record of the hearing within THIRTY 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 when the trial court's findings are received or at such other time as the Court deems proper.
We DIRECT the Clerk to send copies of this order to the Honorable Keli Aiken, Presiding Judge, 354th Judicial District Court; Susan Spradling, Hunt County District Clerk; Shannon Sudderth, Official Court Reporter, 354th Judicial District Court; and counsel for all parties.