Abatement Order filed March 10, 2015

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 14

- 00700

- CR

____________ GEORGE NEAL WILLIAMS , Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court

Harris County, Texas Tri al Court Cause No. 1425992



### ABATEMENT ORDER

Appellant is represented by app ointed counsel, Randall Ayers. Appellant’s brief was originally due November 17, 2014

. See Tex. R. App. P. 38.6(a). Counsel was granted three extensions of time to file the brief u ntil February 16, 2015.
Counsel and the trial court were notified on February 20 , 2015, th at no brief had been received. Counsel filed no response

. Pursuant to Tex. R. App. P. 38.8(b) (a copy of which is attached) the judge
of the 338th District Court shal l (1) immediately conduct a hearing, at whichappellant, appellant’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; (b) whether appellant is i ndigent; (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 d ate 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 within thirty days of the date of this order

.
The appeal is abated, treated as a closed case, and removed fr om this Court’s
active docket. The appeal will be reinstated on this Court’s active docket when the trial court’s findings and recommenda tions 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 heari ng 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 CURIAMR ULE 38. REQUISITES OF BRIEFS

Tex. R. App. P. 38.8. Fail ure 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 th e 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 imm ediately 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

C including any order and findings

C must be sent to the appel late 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 r equire.