NUMBER 13-18-00384-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
LANCE TAYLOR, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 28th District Court
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Tijerina
Order Per Curiam
This cause is before the Court on counsel's failure to file the appellate brief by May
21, 2021, as ordered by this Court. Appellant’s current counsel was granted three
extensions, and prior to the Honorable M. Michael Meyers’ appointment, the Court had
granted four other extensions of time to file appellant’s brief. On May 12, 2021, this court
ordered the Honorable M. Michael Meyer to file the appellate brief with this court on or
before 5:00 p.m. on May 20, 2021, or to show cause why he should not be found in
contempt. The clerk of court spoke with M. Michael Meyer at 4:00 p.m. on the same day
and he indicated he would not be filing the brief as ordered. To date, the brief has not
been filed.
Accordingly, we now ABATE this appeal and REMAND the cause to the trial court
for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate
Procedure. Upon remand, the trial court shall immediately set the matter for a hearing to
determine 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; and (5) whether appellant
is indigent and entitled to court-appointed counsel.
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, telephone number, email
address, and state bar number of said counsel shall be included in an order appointing
counsel.
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
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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 twenty days from the date of this order.
Accordingly, the show cause hearing ordered for Monday, May 24, 2021, is held
in abeyance and may be set at a future date.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
24th day of May, 2021.
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