Opinion
12-24-00121-CR
11-05-2024
THOMAS EBER OWEN, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 54TH DISTRICT COURT IN AND FOR MCLENNAN COUNTY, TEXAS
ORDER
Appellant is represented by Mr. Denton B. Lessman, appointed counsel. On October 28, 2024, the time to file appellant's brief expired. Tex.R.App.P. 38.6(a). Pursuant to Tex.R.App.P. 38.8(b), counsel was notified on October 17, 2024, that his motion for extension of time to file brief was overruled and was ordered to file the brief on or before October 28, 2024. The court has this day overruled appellant's motion for extension to file brief and enters the following order.
Pursuant to Tex.R.App.P. 38.8(b)(3), it is ORDERED that Honorable Susan N. Kelly, Judge of the 54th District Court of McLennan County, Texas, shall immediately conduct a hearing to determine (1) whether the appellant still desires to prosecute his appeal; (2) whether the appellant is indigent and either needs counsel appointed, or appellant's counsel has abandoned the appeal; or (3) if the appellant is not indigent, whether a brief has not been completed because retained counsel has either abandoned the appeal or because appellant has failed to make necessary arrangements for filing a brief; and (4) when appellant's counsel anticipates that the appellant's brief, if a brief is to be filed, will be completed.
It is FURTHER ORDERED that the judge shall (1) make appropriate findings as to the above set forth issues and (2) cause a record of the proceedings to be prepared.
It is ADDITIONALLY ORDERED that once findings are made as to the above set forth issues, if appellant is indigent, the judge shall (1) take such measures as may be necessary to assure appellant's effective representation, which may include the appointment of new counsel and (2) make recommendations to this Court regarding a proper filing date for the appellant's brief.
It is FINALLY ORDERED that the supplemental clerk's record (including any orders and findings) and the reporter's record of said hearing be filed with the Clerk of this Court on or before Friday, November 15, 2024