Opinion
12-24-00166-CR
11-12-2024
JUSTIN URIAH SEEGER, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 19TH DISTRICT COURT IN AND FOR MCLENNAN COUNTY, TEXAS.
ORDER
Honorable James T. Worthen, Chief Justice.
Appellant is represented by Mr. Denton B. Lessman, appointed counsel. Appellant's brief was originally due on July 31, 2024. Tex.R.App.P. 38.6(a). Pursuant to Tex.R.App.P. 38.8(b), counsel's motion for extension of time to file brief was granted to September 30, 2024, and counsel was notified no further extensions would be entertained by the court. On October 29, 2024, counsel was notified that the brief was past due and was given until November 8, 2024, to file a brief or otherwise explain the delay. No satisfactory response has been received.
Although supplemental clerk's records, containing an order signed by the trial court judge, were filed herein, on October 15, 2024, and November 8, 2024, this procedure is not in compliance with the requirements of Tex.R.App.P. 38.8(b)(3).
Pursuant to Tex.R.App.P. 38.8(b)(3), it is ORDERED that Honorable Thomas C. West, Judge of the 19th District Court of McLennan 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 Friday, November 22, 2024