Order filed September 26, 2013.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 13

- 00631

- CR

____________ DYLLAN CHANCE GODWIN , Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas Trial Cou rt Cause No. 1320939



### ABATEMENT ORDER

Appellant filed a notice of appeal from a conviction for sexual assault of a child after a guilty plea without an agreement on punishment. On June 10, 2013, the trial court sentenced appellant to five years in prison. The trial court certified that appellant has the right to appeal. Appellant was represented by appointed counsel, Gary Polland, in the trial court. A ccording to our records, a ppellant is not represented by counsel on appeal.The clerk’s record was filed August 6, 2013. The court has been advised that

no reporter’s record was taken in this case. Therefore, appellant’s brief was due September 5, 2013, but no brief or motion for extension of time was filed. See Tex. R. App. P. 38.6 . Appellant and the trial c ourt were notified on September 13, 2013 , th at 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 208th District Court shall (1) immediately conduct a hearing, at which appellant, appellant’s counsel, if any, and the S tate’s counsel shall participate, either in person or by video teleconference, to determine (a) whether appellant desires to prosecute his 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
whe n 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 incl ude 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 compact disc, i f any, containing a recording of the video teleconference, and a supplemental clerk’s record containin g the findings and conclusions. Those records
shall be filed with the clerk of this court on or before October 25, 2013.
The appeal is abated, treated as a closed case, and removed from this court’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 court. The c ourt will also consider an appropriate motion to reins tate the appeal filed by eithe r party, orthe c ourt 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 h earing 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 CURIAMR ULE 38. REQUISITES OF BRIEFS

Tex. R. App. P. 38.8

. Failure of Appellant to File Bri ef.

(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 t imely 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 satisfactory response within ten days, the court must order the trial court to immediately conduct a hearing t o 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 findings

— must be sent to the appellate court.

(4) Appellate Co urt Action

. Based on the trial court = s record, the appellate 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 app ellant 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 appeal without briefs, as justice may require.