NUMBER 13-13-00371-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
PETER ANTHONY TRAYLOR, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 366th District Court
of Collin County, Texas.
ORDER TO FILE BRIEF
Before Justices Rodriguez, Garza, and Benavides
Order Per Curiam
Appellant, Peter Anthony Traylor, filed a notice of appeal with this Court from his
conviction in trial court cause number 366-82774-2010.1 Appellant’s brief was originally
1This case is before the Court on transfer from the Fifth Court of Appeals in Dallas pursuant to a docket
equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West
2005).
due on November 13, 2013. Counsel filed a motion for extension of time until December
13, 2013, which was granted by the Court. On January 6, 2014, the Clerk of the Court
notified appellant’s counsel that the brief had not been filed and requested a response
within ten days. Appellant failed to file a motion or otherwise respond within the requisite
period of time.
Accordingly, on February 19, 2014, the Court abated and remanded the matter to
the trial court, in accordance with Rule 38.8(b)(2) of the Texas Rules of Appellate
Procedure, to allow the trial court to conduct a hearing to determine whether appellant
desired to prosecute his appeal, whether the appellant was indigent, or if not indigent,
whether retained counsel had abandoned the appeal, and to make appropriate findings
and recommendations. If the appellant was indigent, we directed the trial court to take
such measures as were necessary to assure effective representation of counsel.
The Court received a supplemental clerk’s record on June 3, 2014, containing the
trial court’s findings that appointed counsel could file a brief in this matter by July 8, 2014.
Accordingly, on June 6, 2014, we notified the parties that the appeal was reinstated and
that appellant’s brief was due to be filed by July 8, 2014. On July 15, 2014, the Court
notified counsel that the brief had not been filed and requested a response within ten
days. Counsel has nevertheless failed to file either a response or an appellate brief in
this matter.
We have already abated this matter once because of the tardiness of appellant’s
brief. Accordingly, the Honorable William L. Schultz, IS ORDERED to file the appellate
brief with the Court on or before September 8, 2014.
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If counsel fails to file the brief within the foregoing specified period of time, the
Court will act appropriately to ensure that appellant’s rights are protected. TEX. R. APP.
P. 38.8(b)(4). Specifically, the Court will abate and remand this matter to the trial court
with instructions to appoint new counsel.
It is so ORDERED.
PER CURIAM
Do not publish
Tex. R. App. P. 47.2(b).
Delivered and filed the
22nd day of August, 2014.
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