Opinion
05-23-01259-CR
11-18-2024
BEAU JUSTIN WATSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. 072443.
ORDER
AMANDA L. REICHEK, JUSTICE.
Appellant's brief is overdue. Appellant's brief was originally due May 6, 2024. On May 8, 2024, this Court granted by postcard the first motion for extension of time to file the brief filed by appellant's counsel, Kristen Brown, and we directed Ms. Brown to file appellant's brief by June 5, 2024. On August 21, 2024, this Court granted Ms. Brown's second motion for extension of time to file the brief, and we ordered her to file appellant's brief by September 18, 2024. On October 1, 2024, we ordered Ms. Brown to file appellant's brief by October 14, 2024, and we cautioned her that if the brief was not filed by that date, we might abate the appeal for the trial court to make findings and recommendations concerning her failure to file appellant's brief. On October 16, 2024, this Court granted Ms. Brown's third motion for extension of time to file the brief, and we ordered her to file appellant's brief by November 13, 2024. We again cautioned Ms. Brown that if appellant's brief was not filed by that date, we might abate the appeal for the trial court to make findings and recommendations. As of the date of this appeal, appellant's brief has not been filed.
The Court ORDERS the trial court to conduct a hearing to determine why appellant's brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See Tex. R. App. P. 38.8(b). If the trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.-Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel.
The trial court's findings shall also include whether Ms. Brown has begun work on the brief. If the trial court finds that Ms. Brown has not begun work on the brief, then the trial court shall find the date Ms. Brown expects to begin work on the brief. The trial court shall also find the date Ms. Brown expects to file the brief.
If the trial court finds that Ms. Brown does not expect to file the brief within forty-five days of the hearing, the trial court shall make a finding whether other counsel could be appointed and expected to file the brief within forty-five days of the hearing. If the trial court finds that another attorney could be appointed to represent appellant and could file the brief within forty-five days or less of the hearing, the trial court shall make a finding of the name of that attorney, shall remove Ms. Brown from representing appellant, and shall appoint the lawyer who can file the brief within forty-five days.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
We ORDER the court reporter for the hearing to file the reporter's record for the hearing within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Larry Phillips, Judge Presiding, 59th Judicial District Court; Kelly Ashmore, Grayson County District Clerk; Gale Fiasco, Official Court Reporter, 59th District Court; and counsel for all parties.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.