In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-13-00573-CR
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RAMON AGUILAR JR., Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 9th District Court
Montgomery County, Texas
Trial Cause No. 13-11-12564 CR
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ORDER
The clerk’s record in the above styled and numbered cause was filed
February 3, 2014, a supplemental clerk’s record was filed on June 13, 2014,
and the reporter’s record was filed February 10, 2014. On April 17, 2014, the
Court granted an extension of time to file the brief, noting that the extension
was a “FINAL EXTENSION.” On October 24, 2014, the appellant’s court-
appointed attorney, Jarrod Walker, was notified that neither the brief of the
appellant nor a motion for extension of time to file the brief has been filed.
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Although the brief of the appellant was due to be filed Monday, June 30, 2014,
the brief has not been filed.
We abate the appeal and remand the case to the trial court to conduct a
hearing at which a representative of the State, counsel for the appellant, and the
appellant shall be present in person. See Tex. R. App. P. 38.8(b)(3). If the
appellant is not incarcerated, but fails to appear at the hearing after having been
notified to do so, or after reasonable attempts to notify him have been made,
then the trial court may enter a finding that appellant no longer desires to
pursue the appeal and send said finding to this Court. See Tex. R. App. P.
38.8(b)(4). If the appellant is present for the hearing, we direct the trial court to
determine whether or not appellant desires to pursue his appeal. If appellant
desires to pursue his appeal, we direct the trial court to determine why the brief
of the appellant has not been filed, why appellant’s counsel has not responded
to late notices from this Court, and whether good cause exists for appointed
counsel, Jarrod Walker, to be relieved of his duties as appellate counsel and
replaced by substitute counsel. See Tex. Code Crim. Proc. Ann. art. 26.04(j)(2)
(West Supp. 2014). If the trial court determines that good cause exists to relieve
appointed counsel of his duties, we direct the trial court to appoint substitute
counsel.
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The record of the hearing, including any orders and findings of the trial
court judge, shall be sent to the appellate court for filing. The court reporter’s
record from the hearing and the clerk’s record containing the recommendations
of the trial court judge are to be filed on or before December 8, 2014.
ORDER ENTERED November 6, 2014.
PER CURIAM
Before McKeithen, C.J., Horton, and Johnson, JJ.
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