In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-20-00357-CR
No. 07-20-00358-CR
JAMIE LEE BURNS A/K/A JAMIE LEE NELSON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 316th District Court
Hutchinson County, Texas
Trial Court No. 11,257, 11,393, Honorable James M. Mosley, Presiding
June 17, 2021
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Jamie Lee Burns a/k/a Jamie Lee Nelson, appeals two judgments
revoking his community supervision for the offenses of possession of a controlled
substance and forgery. On April 15, 2021, we remanded the appeals after appellant’s
counsel, Stacey Grant, failed to timely file a brief. On remand, the trial court issued
findings that appellant still desired to prosecute the appeals, was indigent, and that his
counsel had not abandoned the appeals. The trial court, thus, permitted Grant to remain
as counsel for appellant and directed her to file a brief no later than May 15, 2021. The
appeals were reinstated on this court’s docket with this briefing deadline. We later
extended the deadline to file appellant’s brief, sua sponte, to June 7, 2021. To date,
however, appellant’s counsel has not filed a brief or had any further communication with
this court. This court’s phone calls to and messages left with counsel have gone
unanswered.
Because Grant has not timely filed an appellate brief, we deem it appropriate to
abate the appeals and remand the causes to the trial court for further proceedings. See
TEX. R. APP. P. 38.8(b)(2), (3). Upon remand, the trial court is directed to discharge Grant
as appellant’s counsel and appoint him new appellate counsel. The name, address, email
address, telephone number, and state bar number of newly appointed counsel shall be
included in a supplemental clerk’s record to be filed with this court by July 1, 2021. Should
further time be needed to perform these tasks, then same must be requested before July
1, 2021.
It is so ordered.
Per Curiam
Do not publish.
Jamie Lee Burns A/K/A Jamie Lee Nelson v. the State of Texas
Combined Opinion