In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-11-00686-CR
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TERRY DALE CARNES, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 11-10-10957 CR
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ORDER
The clerk’s record in the above styled and numbered cause was filed December
30, 2011, and the reporter’s record was filed July 12, 2012. Appellant’s counsel, Scott
Pawgan, requested extensions of time to file the brief on August 15, 2012, and September
14, 2012. On September 18, 2012, the Court granted an extension of time to file the brief,
noting that the extension was a “FINAL EXTENSION.” On November 6, 2012, the
appellant’s court-appointed attorney, Scott Pawgan, was notified that neither the brief of
the appellant nor a motion for extension of time to file the brief has been filed. Counsel
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submitted an additional request for an extension but failed to submit a brief with his
request. Although the brief of the appellant was due to be filed October 12, 2012, the
brief has not been filed.
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, why appellant’s counsel has not responded to late notices from this Court, and
whether good cause exists for appointed counsel, Scott Pawgan, 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 December 31, 2012.
ORDER ENTERED November 29, 2012.
PER CURIAM
Before McKeithen, C.J., Gaultney and Horton, JJ.
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