Opinion
01-21-00523-CR 01-21-00524-CR
05-10-2022
Diawannah Corteasher Thomas v. The State of Texas
208th District Court of Harris County No. 1661383, 1661384
ORDER
Julie Countiss, Judge
On May 3, 2022, appellant, Diawannah Corteasher Thomas, filed a second motion for extension of time to file her appellate briefs in each of the above-referenced appeals. Appellant's motions are granted. Appellant's brief in each of the above-referenced cases is due June 1, 2022. No further extensions will be granted.
When an appellant in a criminal case fails to file a brief, Texas Rule of Appellate Procedure 38.8(b) requires the appellate court to issue an order directing the trial court to hold a hearing and make certain findings. Tex.R.App.P. 38.8(b)(2)-(3). If the trial court finds that appellant no longer desires to prosecute the appeal, or that appellant is not indigent but has not made the necessary arrangements for filing a brief, the Court may consider the appeal without briefs. Id. at 38.8(b)(4). Accordingly, if appellant's briefs are not filed by June 1, 2022, the cases will be abated and remanded for a hearing to determine (a) whether appellant desires to prosecute her appeals; (b) whether appellant is indigent; (c) if not indigent, whether appellant or appellant's counsel has abandoned the appeals; (d) the reason for appellant's failure to file briefs in the appeals; and (e) if the appellant desires to continue the appeals, a date certain when appellant's briefs will be filed.
It is so ORDERED.