Opinion
01-23-00705-CR
07-23-2024
Jose Alberto Amaya Perez v. The State of Texas
185th District Court of Harris County, Trial court case number: 16362840
ORDER OF ABATEMENT
APRIL FARRIS, JUDGE.
Appellant Jose Alberto Amaya Perez filed a notice of appeal from the trial court's September 27, 2023 Judgment of Conviction by Jury. On October 13, 2023, the trial court granted a motion to substitute counsel, designating Travis Allen Bryan as appellant's counsel on appeal.
The appellate record was completed on November 16, 2023, making appellant's brief due no later than December 18, 2023. However, appellant did not file a brief. On January 17, 2024, the Clerk of this Court notified appellant that the time for filing his brief had expired and that, unless a brief or motion to extend time to file a brief, was filed within ten days of the Court's notice, the Court may abate the appeal and remand to the trial court to hold a hearing regarding the failure to file a brief.
Appellant has neither responded to the Court's notice nor filed an appellant's brief. Accordingly, we abate the appeal and remand for the trial court to, within thirty days of the date of this order, conduct a hearing at which a representative of the Harris County District Attorney's Office and appellant's appointed counsel, Travis Allan Bryan, shall be present. Tex.R.App.P. 38.8(b)(2). Appellant shall also be present for the hearing in person or, if he is incarcerated, at the trial court's discretion, he may participate in the hearing by closed-circuit video teleconferencing.
Any such teleconference must use a closed-circuit video teleconferencing system that provides for a simultaneous compressed full motion video and interactive communication of image and sound between the trial court, appellant, and any attorneys representing the State or appellant. On his request, appellant and his counsel shall be able to communicate privately without being recorded or heard by the trial court or the State's attorney.
The trial court is directed to:
(1) determine whether appellant wishes to prosecute the appeal;
(2) if appellant wishes to prosecute the appeal, determine whether good cause exists to relieve Travis Allan Bryan of any duties as appellant's counsel;
(3) if good cause exists, enter a written order relieving Travis Allan Bryan of any duties as appellant's counsel, including in the order the basis for and finding of good cause, and appoint substitute appellate counsel at no expense to appellant;
(4) set a date when appellant's brief will be filed, regardless of whether this Court has yet reinstated the appeal and no later than 30 days from the date of the hearing;
(5) make any other findings and recommendations the trial court deems appropriate; and
(6) enter written findings of fact, conclusions of law, and recommendations as to these issues.See Tex. Code Crim. Proc. Ann. art. 1.051(a), (c), (d)(1), 26.04(j)(2); Tex.R.App.P. 38.8(b).
The trial court shall have a court reporter record the hearing and file the reporter's record with this Court within sixty days of the date of this order. The trial court clerk is directed to file a supplemental clerk's record containing the trial court's findings and recommendations with this Court within sixty days of the date of this order.
This appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the supplemental clerk's record and the reporter's record of the hearing are filed in this Court. The court coordinator of the trial court shall set a hearing date and notify the parties and the Clerk of this Court of such date.
It is so ORDERED.