NO. 07-05-0468-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 5, 2006
______________________________
DEXTER DEUWAN MITCHELL, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;
NO. 48,922-A; HONORABLE ABE LOPEZ, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
ORDER ON ABATEMENT AND REMAND
Appellant Dexter Deuwan Mitchell has given notice of appeal from a judgment of
conviction and sentence for the offense of attempted aggravated assault. The appellate
court clerk received and filed the trial court clerk’s record on February 7, 2006. The trial
court reporter’s record was filed on February 24, 2006.
This Court has received and granted two extensions from appellant’s counsel to file
the appellant’s brief. By letter dated May 1, 2006, the Court granted appellant his second
extension of time to file his brief with the admonition that if the brief was not filed by May
26, 2006 this case could be abated and remanded to the trial court. Counsel for appellant
responded to that letter by filing a third extension of time to file the appellant’s brief.
Accordingly, this appeal is abated and the cause is remanded to the trial court. TEX .
R. APP . P. 38.8(b)(2). Upon remand, the judge of the trial court is directed to immediately
cause notice to be given of and to conduct a hearing to determine:
(1) whether appellant desires to prosecute this appeal;
(2) if appellant desires to prosecute this appeal, then whether appellant
is indigent, and if not indigent, whether counsel for appellant has
abandoned the appeal;
(3) if appellant desires to prosecute this appeal, whether appellant’s
present counsel should be replaced; and
(4) what orders, if any, should be entered to assure the filing of
appropriate notices and documentation to dismiss appellant’s appeal
if appellant does not desire to prosecute this appeal, or, if appellant
desires to prosecute this appeal, to assure that the appeal will be
diligently pursued.
If the trial court determines that the present attorney for appellant should be replaced, the
court should cause the clerk of this court to be furnished the name, address, and State Bar
of Texas identification number of the newly-appointed or newly-retained attorney.
In support of its determination, the trial court shall prepare and file written findings
of fact and conclusions of law and cause them to be included in a supplemental clerk’s
record. The hearing proceedings shall be transcribed and included in a supplemental
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reporter’s record. Those supplemental records shall be submitted to the clerk of this court
no later than July 7, 2006.
Per Curiam
Do not publish.
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