NO. 07-06-0304-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
JANUARY 8, 2007
______________________________
OTIS NOBLE, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 227TH DISTRICT COURT OF BEXAR COUNTY;
NO. 2005CR3879; HONORABLE PHILIP A. KAZEN, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
Following a plea of not guilty, Appellant, Otis Noble, was convicted of possession,
enhanced, and sentenced to twenty years confinement. The clerk’s record was filed on
July 7, 2006, and the reporter’s record was filed on July 28, 2006. Initially, Appellant’s brief
was due on August 28, 2006. Three extensions of time were granted for appointed
counsel to have additional time to research and to complete the brief. In compliance with
Rule 38.8(b) of the Texas Rules of Appellate Procedure, counsel was also notified by the
Clerk of this Court on two separate occasions that the deadlines in which to file the brief
had expired. In response to the Clerk’s second notice of November 28, 2006, counsel filed
a fourth motion for extension of time requesting another thirty days to continue his research
and prepare the brief.
By order of the Court, the fourth motion for extension of time is denied. Instead,
we now abate this appeal and remand the cause to the trial court for further proceedings.
Tex. R. App. P. 38.8(b)(2) and (3). Upon remand, the trial court shall utilize whatever
means necessary to determine the following:
1. whether Appellant desires to prosecute the appeal;
2. whether Appellant is indigent and entitled to appointed counsel; and
3. whether Appellant has been denied effective assistance of appointed
counsel given counsel’s failure to file the brief after being granted
three extensions of time in which to complete his research.
Should the trial court determine that Appellant does want to continue the appeal, is
indigent, and that present counsel should be replaced, the trial court shall appoint new
counsel to represent Appellant in this appeal. If new counsel is appointed, the name,
address, telephone number, and state bar number of said counsel shall be included in an
order appointing counsel. If necessary, the trial court shall execute findings of fact,
conclusions of law, and any necessary orders it may enter regarding the aforementioned
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issues and cause its findings, conclusions, and orders to be included in a supplemental
clerk's record. A supplemental record of the hearing, if any, shall also be prepared. The
supplemental clerk’s record and supplemental reporter’s record, if any, shall be filed with
the Clerk of this Court on or before February 16, 2007.
It is so ordered.
Per Curiam
Do not publish.
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