Abatement Order filed February 12, 2019

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 18

- 00500

- CR

____________ JAVANTE CHAUNCEY HASTE , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the 351st District Court

Harris County, Texas Trial Court Cause No. 1478749



### ABATEMENT ORDER Appellant is represented by appointed counsel, Jerome Godinich

. On January 22, 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 was notified on January 24, 2019 , that no brief had been received. No response from appellant has been received.

P ursuant to Tex. R. App. P. 38.8(b) (a copy of which is attached) the judge of the 351st District Court shall (1) immediately conduct a hearing, at which appellant,2

appellant’s counsel, and state’s counsel shall participate, either in person or by video

te leconference, 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 indi gent, 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 conclusi ons of law, and shall order the trial clerk to forward a transcribed record of the hearing 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 March 14, 2019

. 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 party seeking reinstatement to request a hearing date from the trial court and to schedule a h eari ng 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 CURIAM3 R ULE 38. REQUISITES OF BRIEFS Tex. R. App. P. 38.8. Failu re 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 immedi ately 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 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

.