Abatement Order filed September 19, 2019

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 19

- 00523

- CR

____________ JERRY WAYNE MOSES , Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 56th District Court Galveston County, Texa s Trial Court Cause No. 19

- CR

- 0246

ABATEMENT ORDER
Appellant is represented by appointed counsel, Zachary Scott Maloney

. On August 30, 2019, time to file appellant’s brief expired without a brief and no
motion for extension of time was filed. See Tex. R. App. P. 38.6(a). Counsel and
the trial court were notified on September 3, 2019, that no brief had been received. No response from appellant has been received.
Pursuant to Tex. R. App. P. 38.8(b) (a copy of which is attached) the judge
of the 56th Dis trict Court shall (1) immediately conduct a hearing, at which appellant, appellant’s counsel, and state’s counsel shall participate, either in person or by video teleconference, to determine (a) whether appellant desires to prosecutehis appeal; (b) whethe r appellant is indige nt; (c) if not indigent, whether appellant

has abandoned the appeal or whether appellant has failed to make necessary arrangements for filing a brief; (d) the reason for the failure to file a brief; (e) if appellant desires to continue the appeal, a date c ertain when appellant’s brief will be filed; and (2) prepare a record, in the form of a reporter’s record, of the hearing. If appellant is indigent, the judge shall take such measures as may be necessary to assure effective representa tion of counsel, whic h may include the appointment of new counsel. The judge shall see that a record of the hearing is made, shall make findings of fact and conclusions of law, and shall order the trial clerk to forward a transcribed record of the hearing , a videotape or comp act disc, if any, containing a recording of the video teleconference, and a supplemental clerk’s record containing the findings and conclusions. Those records shall be filed with the clerk of this

court on or before October 21, 2019

. The appeal is abated, treated as a closed case, and removed from this Court’s active docket. The appeal will be reinstated on this Court’s active docket when the trial court’s findings and recommendations are filed in this Court. The Court will
also cons ider an appropriate motion to reins tate the appeal filed by either party, or the Court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to
schedule a hearing in compliance with this Co urt’s order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.

PER CURIAM

Panel Consists of Justices Jewell, Bourliot, and Z immerer.R ULE 38. REQUISITES OF BRIEFS

Tex. R. App. P. 38.8. Failure of Appellant to File Brief.
(b) Criminal Cases

. (1) Effect. An appellant ’ s failure to timely file a brief does not authorize either dismissal of the appeal or, except as provide d in (4), consideration of the appe al without briefs.

(2) Notice

. If the appellant ’ s brief is not timely filed, the appellate clerk must notify counsel for the parties and the trial court of that fact. If the appellate court does not receive a satisfacto ry response within ten days, the co urt must order the trial court to immediately conduct a hearing to determine whether the appellant desires to prosecute his appeal, whether the appellant is indigent, or, if not indigent, whether retained counsel has aban doned the appeal, and to make

appro priate findings and recommendations.

(3) Hearing. In accordance with (2), the trial court must conduct any necessary hearings, make appropriate findings and recommendations, and have a record of the proceedings prepared, which record including any order a nd findings must be sent to the appellate court.

(4) Appellate Court Action

. Based on the trial court ’ s record, the appellate court may act appropriately to ensure that the appellant ’ s rights are protected, including ini tiating contempt proceedings agains t appellant ’ s counsel. If the trial court has found that the appellant no longer desires to prosecute the appeal, or that the appellant is not indigent but has not made the necessary arrangements for filing a brief, the appellate court may consider the ap peal without briefs, as justice may require.