Abatement Order filed November 2 , 2021

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 21

- 00166

- CR NO. 14

- 21

- 0016 7

- CR

____________ DEXTER TRAVON CARPENTER , Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Cour t

Harris County, Te xas Trial Court Cause No s . 1592887 & 1592908

CORRECTED ABATEMENT ORDER

In each of these cases, a ppellant is represented by retained counsel, Ar thur C. Washington . On September 20, 2021, 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 and the trial court were notified on September 22, 2021, 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 177th District Court shall (1) immediately conduct a hearing, at which appellant, appellant’s counsel, and state’s counsel shall participate, either in person or by video teleconference, to determine (a) wheth er appellant desires to prosecutehis appeal; (b) whether appellant is in digent; (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 failu re to file a brief; (e) if appellant desires to continue the appeal, a da te 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 tak e such mea sures 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 or der the co urt reporter to forward a transcribed record of the hearing, a videotape or compact disc, if any, containing a recording of the video teleconference, and order the trial clerk to
forward a supplemental clerk’s record containing the findings and c onclusions

. Those records shall be filed with the clerk of this court on or before December 2,
2021.
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

t rial court’s findings and recommendations are filed in this Court. The C ourt 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 responsibili ty of any party seeking reinstatement to request a hearing date from the trial cour t 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 dat e and noti fy the parties of such date.

PER CURIAM

Panel Consists of Justices Jewe ll, Bourliot and Poissant.R ULE 38. REQUISITES OF BRIEFS

Tex. R. App. P. 38.8. Failure of Appellant to File Brief.
(b) Criminal Cases

. (1) Effect. An appellant = s failu re to time ly 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 th e parties and the trial court of that fact. If the appellate court does not re ceive 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, wh ether the appellant is indigent, or, if not indigent, whether retaine d 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 hearin gs, make a ppropriate findings and recommendations, and have a record of the pro ceedings 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 appella te court m ay act appropriately to ensure that the appellant = s rights are
protec ted, 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 t he appella nt is not indigent but has not made the necessary arrangements for fi ling a brief, the appellate court may consider the appeal without briefs, as justice may require.