Opinion
05-23-00367-CR
08-26-2024
RUSSELL JOE PRITCHETT, JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 070743.
ORDER
NANCY KENNEDY JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due September 24, 2023. The record shows that through the end of 2023 Ms. Brown did not file the brief because appellant had not paid her. It appears that at some point, in early 2024, Ms. Brown was appointed to represent appellant. Since then, this Court has granted Ms. Brown's three motions for extension of time to file the brief and issued other orders requiring Ms. Brown to file the brief. On June 25, 2024, this Court cautioned Ms. Brown that if appellant's brief were not filed by July 24, 2024, this Court would abate the appeal for the trial court to make findings in accordance with Rule of Appellate Procedure 38.8(b)(2). As of the date of this order, appellant's brief has not been filed.
The Court ORDERS the trial court to conduct a hearing 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, whether appellant is indigent, or if not indigent, whether retained 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 1987, no pet.) (per curiam). If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. The trial court's findings shall include whether counsel has begun work on the brief. If the trial court finds that counsel has not begun work on the brief, then the trial court shall find the date counsel expects to begin work on the brief. The trial court shall also find the date counsel expects to file the brief.
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.
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 appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Brian Gary, Presiding Judge, 397th Judicial District Court; Kelly Ashmore, Grayson County District Clerk; Paula Thomas, Official Court Reporter, 397th District Court; and counsel for all parties.