Opinion
09-24-00201-CR 09-24-00202-CR
12-06-2024
BOBBY CURTIS SCYRUS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 221st District Court Montgomery County, Texas Trial Cause Nos. 22-12-17125-CR and 22-12-17126-CR
Before Golemon, C.J., Johnson and Wright, JJ.
ORDER
PER CURIAM
On August 20, 2024, the trial court appointed Mark Phillips to represent Appellant Bobby Curtis Scyrus on appeal. The clerk's records were filed on July 22, 2024, and the reporter's records were filed on July 5, 2024. On November 13, 2024, the Court granted a second extension of time to file the brief. On November 19, 2024, the Clerk of the Court notified the parties that the brief was past due and had not been filed, and warned counsel that if no satisfactory response was received by December 2, 2024, the Court would order the trial court to conduct a hearing to determine why no brief had been filed. Although the brief of the appellant was due to be filed by November 18, 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 or not Appellant desires to pursue his appeals. If Appellant desires to pursue his appeals, 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, Mark Phillips, 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 January 6, 2025.
ORDER ENTERED.