Aaron Charles Burton v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Aaron Charles Burton v. The State of Texas Appellate case number: 01-14-00513-CR, 01-14-00514-CR Trial court case number: 1330898, 1330899 Trial court: 351st District Court of Harris County On October 30, 2014, this case was abated and remanded to the trial court to conduct a hearing within 30 days of that order to determine whether, inter alia, appellant’s counsel, Tony Aninao, should be relieved of his duties for failure to timely file appellant’s brief in these appeals or, if he has not abandoned these appeals, to set a deadline for filing appellant’s brief. On November 18, 2014, the trial court held the abatement hearing on the same day that appellant’s counsel filed a motion to reinstate the appeals, to vacate the abatement order, and for leave to file appellant’s brief in these appeals, which he filed on November 17, 2014. After a preliminary review, counsel’s brief filed on behalf of appellant complies with Texas Rule of Appellate Procedure 38.1. Accordingly, we GRANT appellant’s motion to reinstate and leave to file appellant’s brief in both appeals, and REINSTATE these cases on the Court’s active docket. The State’s brief, if any, is ORDERED to be filed within 30 days of the date of this order. See TEX. R. APP. P. 2, 38.6(b). It is so ORDERED. Judge’s signature: /s/ Laura Carter Higley  Acting individually  Acting for the Court Panel consists of ____________________________________________ Date: November 25 2014