Opinion
12-23-00234-CR
07-01-2024
JERAD LEE REAMY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 369TH DISTRICT COURT IN AND FOR CHEROKEE COUNTY, TEXAS
ORDER
Appellant is represented by Mr. Stephen Shires, appointed counsel. On April 12, 2024, the time to file appellant's brief expired without a brief or a motion for extension of time. Tex.R.App.P. 38.6(a). Pursuant to Tex.R.App.P. 38.8(b), counsel was notified on April 19, 2024, that his brief was past due and was given until April 29, 2024, to file a brief or otherwise explain the delay. This case was remanded to the Trial Court for a hearing on May 14, 2024, and counsel was given until June 7, 2024 to file a brief or otherwise explain the delay. On June 17, 2024, counsel was again notified that his brief was past due and was given until June 27, 2024, to file a brief or otherwise explain the delay. No satisfactory response has been received.
Pursuant to Tex.R.App.P. 38.8(b)(3), it is ORDERED that Honorable C. Michael Davis, Judge of the 369th District Court of Cherokee 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 Monday, July 15, 2024
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12th Court of Appeals District, Tyler, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas this 1st day of July 2024, A.D.