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Womack v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 1, 2018
NUMBER 13-17-00159-CR (Tex. App. Feb. 1, 2018)

Opinion

NUMBER 13-17-00159-CR

02-01-2018

JONATHAN PAUL WOMACK, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the County Court of Goliad County, Texas.

ORDER OF ABATEMENT

Before Chief Justice Valdez and Justices Contreras and Benavides
Order Per Curiam

This cause is before the Court on appellant's fourth motion for extension of time to file the brief. Appellant's brief was originally due on August 28, 2017. On December 11, 2017, this Court granted appellant's third motion for extension of time and directed appellant to file the brief on or before December 20, 2017. On January 2, 2018, the Clerk of the Court notified appellant's counsel that the brief had not been filed and requested a response concerning the failure to file the brief within ten days. Rather than filing the brief, counsel filed a fourth motion for extension of time until January 19, 2018 to file the brief. The Court GRANTS appellant's fourth motion for extension of time to file the brief on or before January 19, 2018.

Accordingly, we now ABATE this appeal and REMAND the cause to the trial court for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate Procedure. Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant desires to prosecute this appeal; (2) why appellant's counsel has failed to file a brief and whether counsel has effectively abandoned the appeal; (3) whether appellant has been denied effective assistance of counsel; (4) whether appellant's counsel should be removed; and (5) whether appellant is indigent and entitled to court-appointed counsel.

If the trial court determines that appellant does want to continue the appeal, that present counsel should be removed, and that appellant is indigent and entitled to court-appointed counsel, the trial court shall appoint new counsel to represent appellant in this appeal. If new counsel is appointed, the name, address, email address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel.

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 on or before the expiration of thirty days from the date of this order.

It is so ORDERED.

PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 1st day of February, 2018.


Summaries of

Womack v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 1, 2018
NUMBER 13-17-00159-CR (Tex. App. Feb. 1, 2018)
Case details for

Womack v. State

Case Details

Full title:JONATHAN PAUL WOMACK, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Feb 1, 2018

Citations

NUMBER 13-17-00159-CR (Tex. App. Feb. 1, 2018)