Opinion
09-23-00177-CR
02-26-2024
WILLIAM MATTHEW PERMENTER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. F21-37529
Before Horton, Johnson and Wright, JJ.
ORDER
PER CURIAM
The trial court appointed Thomas J. Burbank to represent Appellant William Matthew Permenter on appeal. The reporter's record was filed on July 20,2023. The clerk's record was filed on September 12, 2023. On January 23, 2024, the Court granted a fourth extension of time to file the brief, noting that the extension was a final extension, and we warned Appellant's court-appointed attorney, Thomas J. Burbank, that unless we received the brief by February 12, 2024, we would order the trial court to conduct a hearing to determine why no brief has been filed. Although the brief of the appellant was due to be filed by February 12, 2024, the brief has not been filed.
We abate the appeal and remand the case to the trial court to conduct a hearing at which a representative of the State, counsel for the appellant, and the appellant shall be present. See Tex. R. App. P. 38.8(b)(3). We direct the trial court to determine whether Appellant desires to pursue his appeal. If Appellant desires to pursue his appeal, we direct the trial court to determine why the brief of the appellant has not been filed and whether good cause exists for appointed counsel, Thomas J. Burbank, to be relieved of his duties as appellate counsel and replaced by substitute counsel. See Tex. Code Crim. Proc. Ann. art. 26.04(j)(2). If the trial court determines that good cause exists to relieve appointed counsel of his duties, we direct the trial court to appoint substitute counsel.
The record of the hearing, including any orders and findings of the trial court judge, shall be sent to the appellate court for filing. The transcription of the court reporter's notes from the hearing and the recommendations of the trial court judge are to be filed on or before March 27, 2024.