Opinion
CAUSE NO. 12-14-00266-CR
01-27-2016
RAYMOND SMITH JR., APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 159TH DISTRICT COURT IN AND FOR ANGELINA COUNTY, TEXAS
ORDER
Appellant is represented by Mr. John H. Tatum, retained counsel. Appellant's brief was originally due on August 26, 2015. Appellant filed motions requesting extensions of time for filing the brief to September 15, 2015; October 5, 2015; October 26, 2015, November 16, 2015; and December 14, 2015. All of these motions were granted, but the order extending the filing date to December 14, 2015, included a warning that no further extensions would be granted. On December 14, 2015, Appellant filed a motion to extend the time for filing the brief to January 4, 2016. This Court withdrew its prior order and extended the time for filing the brief to January 11, 2016. However, Appellant was informed that "[f]ailure to file the brief by the extended deadline [January 11, 2016] will result in the case being remanded to the trial court for a hearing in accordance with TEX. R. APP. P. 38.8." On January 11, 2016, Appellant filed a motion to extend the time for filing the brief to February 1, 2016.
Pursuant to TEX. R. APP. P. 38.8(b)(3), it is ORDERED that Honorable Paul E. White, Judge of the 159th District Court of Angelina 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 February 26, 2016.
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 27th day of January 2016, A.D.
Respectfully yours,
PAM ESTES, CLERK
By: /s/_________
Katrina McClenny, Chief Deputy Clerk