Opinion
NUMBERS 13-20-00456-CR
05-18-2021
WILLIE EARNEST SEALS IV, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 440th District Court of Coryell County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Tijerina
OrderPer Curiam
This cause is before the Court on appellant's motion for extension of time to file his brief. Appellant's counsel indicates he is hospitalized and is unable to access a computer; furthermore, counsel indicates uncertainty regarding the date he will be released.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(1). Accordingly, the motion is CARRIED, and this appeal is ABATED and the cause REMANDED to the trial court. Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant's rights are adversely affected by a continued delay; (2) whether appellant wishes to pursue his appeal; and (3) if any other orders are necessary to ensure the proper and timely pursuit of appellant's appeal.
Upon remand, the trial court shall also determine whether appellant is entitled to court-appointed counsel. If the trial court determines new counsel should be appointed, the name, address, email address, telephone number, and state bar number of newly appointed counsel shall be included in the order appointing counsel. If the trial court determines appellant has abandoned this appeal and/or is not entitled to court-appointment counsel, it shall issue such findings.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court within thirty days from the date of this order.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed on the 18th day of May, 2021.