COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00370-CR

NO. 02-16-00371-CR

NO. 02-16-00377-CR

JACOB OWEN EDWARDS APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 2 OF DENTON COUNTY

TRIAL COURT NO. CR-2014-07164-B, CR-2014-09118-B, CR-2012-08863-B

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ABATEMENT ORDER

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It has come to our attention that appellant’s brief has not been filed. 

Appellant’s brief was originally due on April 17, 2017. This court has previously

granted three extensions of time to file appellant’s brief in this case. By letter

dated April 20, 2017, appellant’s retained counsel, David Wacker, informed us

that Appellant will not be submitting a brief and requested that the court “make its

ruling based on the appellate record as it exists now.”

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In accordance with rule 38.8(b), we abate the appeal and remand this case

to the trial court.

The trial court shall conduct a hearing, with appellant and retained counsel,

David M. Wacker, present. At the hearing, the court shall make the following

findings on the record:

1. Determine whether appellant desires to prosecute the appeal;

2. Determine why retained counsel has not filed a brief and

whether counsel has abandoned the appeal;

3. If retained counsel has not abandoned the appeal and, after

being informed of the consequences of dismissing the appeal,

appellant desires to continue the appeal, determine the exact

date that counsel will file a brief on appellant’s behalf in the

court of appeals. Inform counsel and appellant that if the brief

is not filed on that date, the court of appeals may consider the

appeal without briefs. See Tex. R. App. P. 38.8(b)(4);

4. If appellant wants to continue the appeal but counsel has

abandoned the appeal, determine whether appellant is

indigent and, if so, whether counsel should be appointed to

represent appellant and appoint counsel, if necessary;1

5. If appellant desires to proceed pro se, admonish appellant of

the dangers and disadvantages of self-representation in

accordance with Faretta v. California, 422 U.S. 806, 835, 95

S. Ct. 2525, 2541 (1975) and Hubbard v. State, 739 S.W.2d

341, 345 (Tex. Crim. App. 1987) and determine whether

appellant’s decision to proceed pro se is competently and

intelligently made; and

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If substitute counsel has been appointed to represent appellant, the

supplemental record shall reflect that substitute counsel has been notified of the

appointment. If appellant is incarcerated, the trial court shall also retain him/her

in the county for a reasonable period of time to allow substitute counsel an

opportunity to confer with appellant.

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6. Make appropriate findings for the purpose of aiding this court

in determining whether to initiate contempt proceedings

against appellant’s counsel for noncompliance with this court’s

order requiring counsel to file an appellate brief by April 17,

2017. See Tex. R. App. P. 38.8(b)(2)-(4).

7. Take any other measures that the trial court deems necessary

to insure appellant does not forfeit his right to appeal.

The trial court shall file a record of the hearing in this court on or before

Wednesday, May 31, 2017. The record shall include a supplemental reporter’s

record and supplemental clerk’s record. Upon our receipt of the supplemental

record, the appeal of this cause shall be reinstated automatically without further

order.

The clerk of this court shall transmit a copy of this order to the attorneys of

record, the trial court judge, the trial court clerk, and the court reporter.

DATED May 1, 2017.

PER CURIAM

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