NUMBER 13-16-00055-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
LATRELL LATHAM, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 94th District Court
of Nueces County, Texas.
SUPPLEMENTAL ORDER OF ABATEMENT
Before Justices Garza, Perkes, and Longoria
Order Per Curiam
Appellant’s brief was due on April 27, 2016. Counsel did not file a brief and on
May 27, 2016, this 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 reporter’s record on October 6, 2016. The
record reflects counsel told the trial court he was going to file a brief and a motion for
leave. Nevertheless, counsel has failed to file a brief.
Accordingly, we direct the trial court to conduct further proceedings pursuant to
Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate Procedure. The trial court shall
utilize whatever means necessary to make appropriate findings and recommendations
concerning the following: (1) whether appellant desires to prosecute this appeal; (2) why
appellant's counsel has failed to file a brief and whether counsel has effectively
abandoned the appeal; (3) whether appellant has been denied effective assistance of
counsel; (4) whether appellant's counsel should be removed; (5) whether appellant is
indigent and entitled to court-appointed counsel; and (6) if appellant desires to continue
the appeal, determine the date the Court may expect appellant’s brief to be filed.
If the trial court determines that appellant does want to continue the appeal, that
present counsel should be removed, and that appellant is indigent and entitled to
court-appointed counsel, the trial court shall appoint new counsel to represent appellant
in this appeal. If new counsel is appointed, the name, address, email address, telephone
number, and state bar number of said counsel shall be included in an order appointing
counsel.
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The trial court shall cause its findings and recommendations, together with any
orders it may enter regarding the aforementioned issues, to be included in a supplemental
clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record
of any proceedings to be prepared. The supplemental clerk's record and supplemental
reporter's record, if any, shall be filed with the Clerk of this Court on or before the
expiration of thirty days from the date of this order.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
21st day of December, 2016.
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Latrell Latham v. State
Combined Opinion