Opinion
01-23-00433-CR 01-23-00434-CR
11-19-2024
Roderick Demonte Richards v. The State of Texas
122nd District Court of Galveston County 21-CR-2083, 23-CR-2078 Trial court case numbers:
ORDER OF REINSTATEMENT
David Gunn J.
Appellant Roderick Demonte Jones filed a notice of appeal from the trial court's May 5, 2023 Judgment of Conviction by Jury in the underlying trial court causes. On May 10, 2023, the trial court appointed Adam Banks Brown to represent appellant in his appeals.
Appellant's brief was originally due on September 13, 2023. See Tex. R. App. P. 38.6(a). After appellant failed to timely file his brief in each appeal, he was notified that the failure to file a brief may result in his appeals being abated for the trial court to conduct a hearing, pursuant to Texas Rule of Appellate Procedure 38.8, to determine the reason for the failure to file a brief. See Tex. R. App. P. 38.8(b)(2), (3); see also Tex. R. App. P. 10.5(b). Appellant failed to respond to the Court's notices, and his appeals were abated.
On October 30, 2024, appellant's court appointed counsel filed a brief on behalf of appellant in each appeal. Because the appeals were abated at the time the briefs were filed, the Clerk of this Court accepted the briefs as "received." However, the filing of appellant's brief in each appeal satisfies the purpose of the abatement, and we reinstate the appeals on the Court's active docket. Appellant's brief in each appeal is deemed filed as of the date of this order. Further, the State's brief in each appeal is due within thirty days from the date of this order.
It is so ORDERED.