In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00322-CR
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VERONICA ANNETH GONZALEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the County Court at Law No. 5
Montgomery County, Texas
Trial Cause No. 13-286006
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ORDER
The clerk’s record in the above styled and numbered cause was filed
October 20, 2014. The reporter’s record was filed September 3, 2014. On
November 21, 2014, the appellant’s court-appointed attorney, Charles G.
Kingsbury, was notified that neither the brief of the appellant nor a motion for
extension of time to file the brief has been filed. Although the brief of the appellant
was due to be filed Wednesday, November 19, 2014, the brief has not been filed.
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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(a)(1). 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 retained counsel has abandoned the appeal. If the trial court determines
that retained counsel has abandoned the appeal, the trial court shall determine
whether appellant is indigent and whether counsel should be appointed for the
appeal.
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 transcription of the court
reporter’s notes from the hearing and the recommendations of the trial court judge
are to be filed on or before January 12, 2015.
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ORDER ENTERED December 11, 2014.
PER CURIAM
Before McKeithen, C.J., Kreger, and Johnson, JJ.
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