Order filed September 26, 2013. 

In The

Fourteenth Court of Appeals

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NO. 14-13-00631-CR

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DYLLAN CHANCE GODWIN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court 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. According to our records, appellant 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 court were notified on September 13, 2013, 

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 208th District Court shall (1) immediately conduct a hearing, at which 

appellant, appellant’s counsel, if any, and the State’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 

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 

order 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 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 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 consider an appropriate motion to reinstate 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 court’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
RULE 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 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 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 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 

initiating contempt proceedings against 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 appeal without briefs, as justice may require.