In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00032-CR
REGINALD DWAYNE MELTON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Court at Law
Navarro County, Texas
Trial Court No. C34415, Honorable Amanda Doan Putman, Presiding
May 13, 2013
ABATEMENT AND REMAND
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Following a plea of not guilty, Appellant, Reginald Dwayne Melton, was convicted
by a jury of possession of a controlled substance in a drug-free zone and sentenced to
fifteen years confinement and a $10,000 fine. Notice of appeal was filed on December
5, 2012. Both the clerk’s record and reporter’s record have been filed and Appellant’s
brief was due to be filed on February 6, 2013. Three extensions of time to file
Appellant’s brief were granted, making the most recent due date April 8, 2013. On April
16, 2013, a fourth motion for extension of time was filed requesting an additional thirty
days. By order dated April 24, 2013, that motion was denied and counsel was ordered
by this Court to file Appellant’s brief by May 6, 2013. That brief was not filed.
Therefore, we now abate this appeal and remand the cause to the trial court for
further proceedings. Upon remand, the trial court is directed to determine why counsel
has failed to timely file Appellant=s brief and take such action as is necessary to ensure
that the brief is filed with the Clerk of this Court on or before Tuesday, May 28, 2013.
Upon filing of Appellant=s brief, counsel is ordered to notify the trial court, in writing, of
the filing.
Should counsel timely file the brief, the trial court need not take any further
action. Should counsel not timely file Appellant=s brief, pursuant to Rule 38.8(b)(2) and
(3) of the Texas Rules of Appellate Procedure, the trial court is directed to utilize
whatever means necessary (which may include an evidentiary hearing) to determine the
following:
1. whether Appellant desires to prosecute the appeal;
2. whether Appellant=s counsel has effectively abandoned the appeal
given his failure to timely file the brief;
3. whether Appellant has been denied effective assistance of counsel;
4. whether counsel for Appellant should be removed; and
5. whether Appellant is indigent and entitled to new appointed
counsel.
Should it be determined that Appellant is entitled to new appointed counsel or
has retained new counsel, the name, address, telephone number, and state bar number
of the newly-appointed or newly-retained counsel shall be provided to the Clerk of this
Court. Finally, the trial court shall execute findings of fact and conclusions of law
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regarding the aforementioned issues and cause that document to be included in a
supplemental clerk's record to be filed with this Court by June 24, 2013. Should further
time be necessary for the trial court to perform these tasks, a request for extension
should be filed by that date.
It is so ordered.
Per Curiam
Do not publish.
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