Abatement Order filed August 7 , 2018

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 18

- 00026

- CR

____________ NICOLE YVETTE BROW N , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 262nd District Court

Harris County, Texas Trial Court Cause No. 1376396



### ABATEMENT ORDER Appellant is represented by appointed counsel, Natalie Schultz

. Appellant ’ s brief was originally due April 2, 2018

. We granted a total of 91 days to file appellant ’ s brief until July 2, 2018. On July 10, 2018 , counsel filed a further request
for extension of time until June 30, 2018 to file appellant ’ s brief. We granted the motion until July 30, 2018, and stated that n o further extensions would be granted absent extraordinary circumstances. We cautioned that i f counsel did not timely file appellant’s brief as ordered and no extraordinary circumstances are shown , the c ourtmight issue an order abating the appeal and dire cting the trial court to conduct a

hearing to determine the reason for the failure to file the brief and the consideration of sanctions, appointment of new counsel, or other appropriate relief.

No brief has been filed.
Therefore, p ursuant to Tex. R. App. P . 38.8(b) (a copy of which is attached) the judge of the 262nd District 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 prosecute her appeal; (b) whether appellant is indigent; (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 certain 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 representation of counsel, which 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 orde r the trial clerk to forward a transcribed record of the hearing, a videotape or compact 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 fil ed with the clerk
of this court on or before September 6, 2018

. The appeal is abated, treated as a clos ed case, and removed from this c ourt’s
active docket. The app eal will be reinstated on this c ourt’s active docket when the trial court’s findings and rec ommendations are filed in this c ourt. The c ourt will also consider an appropriate motion to reinstate the appeal filed by either party, or the

c ourt may reinstate the appeal on its own motion. It is the responsibility of any partyseeking reinstatement to request a hearing date from the trial court and to schedule

a h earing in compliance with this c ourt’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 CURIAMR 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 provided in (4), consideration of the appeal without briefs.

(2) Notice

. If the appellant ’s brief is not timely filed, the appellate clerk must notify counsel f

or the parties and the trial court of that fact. If the appellate court does not receive a satisfactory response within ten days, the court 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 abandoned the appeal, and to make appropriate 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 and finding s

— m

ust be sent to the appellate court.
(4) Appellate Court Action

. Based on the trial court ’s record, the

ap pellate court may act appropriately to ensure that the appellant ’s rights are protected, including initiating contempt proceedings against appellant ’s counsel. If the trial court has found that the appellant no longer desires to prosecute the appeal,
or th at the appellant is not indigent but has not made the necessary arrangements for filing a brief, the appellate court may consider the appeal without briefs, as justice may require.