In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-12-00239-CR
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TOMMY HOLCOMB, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 221st District Court
Montgomery County, Texas
Trial Cause No. 11-06-07078-CR
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ORDER
The clerk’s record in the above styled and numbered cause was filed June
29, 2012, and the reporter’s record was filed July 3, 2012. Jarrod Walker was
appointed as counsel on December 6, 2012. On March 15, 2013, the Court granted
an extension of time to file the brief, noting that the extension was a “FINAL
EXTENSION.” On April 11, 2013, the appellant’s court-appointed attorney was
notified that the appellant’s brief had not been timely filed. See Tex. R. App. P.
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38.8(b)(2). Although the brief of the appellant was due to be filed April 10, 2013,
and no further extensions will be permitted, the brief has not been filed.
We abate the appeal and remand the case to the trial court to conduct a
hearing to determine why the brief of the appellant has not been filed, and whether
good cause exists for appointed counsel, Jarrod Walker, to be relieved of his duties
as appellate counsel and replaced by substitute counsel. See Tex. Code Crim. Proc.
Ann. art. 26.04(j)(2) (West Supp. 2012). If the trial court determines that good
cause exists to relieve appointed counsel of his duties, we direct the trial court to
appoint substitute counsel.
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 June 3, 2013.
ORDER ENTERED May 2, 2013.
PER CURIAM
Before Gaultney, Kreger, and Horton, JJ.
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