In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-12-00104-CR
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NORMAN KENT ADAMS II, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 11-04-03885 CR
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ORDER
The clerk’s record in the above styled and numbered cause was filed April 3,
2012, and the reporter’s record was filed September 18, 2012. On January 16,
2013, the appellant’s retained attorney, R. Scott Shearer, was notified that neither
the brief of the appellant nor a motion for extension of time to file the brief had
been filed. See Tex. R. App. P. 38.8(b)(2). On February 19, 2013, the Court
granted an extension of time to file the brief, noting that the extension was a
“FINAL EXTENSION.” Although the brief of the appellant was due to be filed
March 19, 2013, 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(b)(3). 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 and whether good cause exists to
determine that retained counsel has abandoned the appeal or is for some reason
either unwilling or incapable of performing as counsel. If the trial court
determines that retained counsel has abandoned the appeal, we direct the trial court
to determine whether appellant is indigent and whether counsel should be
appointed for the appeal. See Tex. Code Crim. Proc. Ann. art. 26.04(j)(2) (West
Supp. 2012).
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 May 20, 2013.
ORDER ENTERED April 18, 2013.
PER CURIAM
Before McKeithen, C.J., Kreger and Horton, JJ.
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