NUMBER 13-15-00054-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
RUSSELL WAYNE McSLAND, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of Jackson County, Texas.
ORDER
Before Chief Justice Valdez and Justices Benavides and Perkes
Order Per Curiam
Appellant’s brief was originally due to be filed on June 15, 2015. Pursuant to
Texas Rule of Appellate Procedure 38.8(b)(2), on June 19, 2015, the Clerk of the Court
notified appellant’s counsel that the brief had not been timely filed, requested counsel to
file a response concerning the failure to file the brief within ten days, and warned counsel
that the Court would abate and remand this cause to the trial court for appropriate findings
if a response was not filed. Counsel has nevertheless failed to file either a response or
an appellate brief in this matter.
Accordingly, we now ABATE this appeal and REMAND the cause to the trial court
for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate
Procedure. Upon remand, the trial court shall utilize whatever means necessary to make
appropriate findings and recommendations concerning the following: (1) whether
appellant desires to prosecute this appeal; (2) why appellant's counsel has failed to file a
brief and whether counsel has effectively abandoned the appeal; (3) whether appellant
has been denied effective assistance of counsel; (4) whether appellant's counsel should
be removed; and (5) whether appellant is indigent and entitled to court-appointed counsel.
If the trial court determines that appellant does want to continue the appeal, that
present counsel should be removed, and that appellant is indigent and entitled to
court-appointed counsel, the trial court shall appoint new counsel to represent appellant
in this appeal. If new counsel is appointed, the name, address, email address, telephone
number, and state bar number of said counsel shall be included in an order appointing
counsel.
The trial court shall cause its findings and recommendations, together with any
orders it may enter regarding the aforementioned issues, to be included in a supplemental
clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record
of any proceedings to be prepared. The supplemental clerk's record and supplemental
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reporter's record, if any, shall be filed with the Clerk of this Court on or before the
expiration of thirty days from the date of this order.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed
The 8th day of July, 2015.
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Russell Wayne McSland v. State
Combined Opinion