In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-12-00048-CR
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GERALD GLENN NUGENT JR., Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 253rd District Court
Liberty County, Texas
Trial Cause No. CR28370
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ORDER
The clerk’s record in the above styled and numbered cause was filed March 16,
2012, and the reporter’s record was filed May 25, 2012. On July 31, 2012, the Court
granted an extension of time to file the brief, noting that the extension was a “FINAL
EXTENSION.” Counsel for appellant did not file a brief, but on September 17, 2012,
appellant requested that the record be supplemented with a hearing. On November 2,
2012, the court reporter notified the Court that no additional hearings had been recorded.
On November 6, 2012, the appellant’s court-appointed attorney, Scott Pawgan, was
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notified that neither the brief of the appellant nor a motion for extension of time to file
the brief has been filed. Counsel submitted an additional request for an extension but did
failed to submit a brief with his request. Although the brief of the appellant was due to be
filed August 28, 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 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., Kreger and Horton, JJ.
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