Abatement Order filed September 29 , 2016

In The 

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____________ RAYSHAUN BOSTON , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the 182nd District Court

Harris County, Texas Trial Court Cause No s . 1381606 , 1384692, 1384694, 1393149, 1496717

ABATEMENT ORDER
Appellant is represented by retained counsel, David L. Garza

. On September 12 , 2016, 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 September 13 , 2016, that no brief had been received. No response from appellant has been received.2

Pursuant to Tex. R. App. P. 38.8(b) (a copy of which is attached) the judge of the 182nd District Court shall (1) immediately conduct a hearing, at which appellant, appell ant’s counsel, and state’s counsel shall participate, either in person or by video teleconference, to determine (a) whether appellant desires to prosecute his appeal s ; (b) whether appellant is indigent; (c) if not indigent, whether appellant has abandoned the appeal s 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 s , a date certain when appellant’s brief will be filed; and (2) pr epare 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 tel econference, and a supplemental clerk’s record containing the findings and conclusions. Those records shall be filed with the clerk of this court by October 31, 2016

. The appeal s are abated, treated as closed case s , and removed from this Court’s active doc ket. The appeal s 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 s filed by either party, or the Court m ay reinstate the appeal s 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 CURIAM3 R ULE 38. REQUISITES OF BRIEFS Tex. R. App. P. 38.8. Failure of Appellant to File Brief.
(b) Criminal Cases

. (1) Effect. An appellan t’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 appellan t’s brief is not timely filed, the appellate clerk must notify counsel fo r 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 h is 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 hear ings, 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 cour t’s record, the appell ate court may act appropriately to ensure that the appellan t’s rights are protected, including initiating contempt proceedings against appellan t’s counsel. If the trial court has found that the appellant no longer desires to prosecute the appeal, or that t he 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.