In The
Court of Appeals
Ninth District of Texas at Beaumont
_____________________ _____
09-16-00441-CR
__________________________
Dennie Thurman Howell Jr
v.
The State of Texas
_________________________________________________________________
On Appeal from the 253rd District Court
Liberty County, Texas
Trial Cause No. CR32593
_________________________________________________________________
ORDER
The clerk’s record in the above styled and numbered cause was filed
January 18, 2017, and the reporter’s record was filed April 17, 2017. On June
16, 2017, the Court granted an extension of time to file the brief. Although the
brief of the appellant was due to be filed Monday, July 17, 2017, the brief has
not been filed. On July 18, 2017, the appellant’s court-appointed attorney,
Steven Greenlee, was notified that neither the brief of the appellant nor a
motion for extension of time to file the brief has been filed. The appellant
counsel’s response to the late brief notice was due on July 28, 2017, but no
response was filed.
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We abate the appeal and remand the case to the trial court to conduct a
hearing at which a representative of the State, counsel for the appellant, and the
appellant shall be present in person. See Tex. R. App. P. 38.8(b)(3). If the
appellant is not incarcerated, but fails to appear at the hearing after having been
notified to do so, or after reasonable attempts to notify him have been made,
then the trial court may enter a finding that appellant no longer desires to
pursue the appeal and send said finding to this Court. See Tex. R. App. P.
38.8(b)(4). If the appellant is present for the hearing, we direct the trial court
to determine whether or not appellant desires to pursue his appeal. If appellant
desires to pursue his appeal, we direct the trial court to determine why the brief
of the appellant has not been filed, why appellant’s counsel has not responded
to late notices from this Court, and whether good cause exists for appointed
counsel, Steven Greenlee, to be relieved of his duties as appellate counsel and
replaced by substitute counsel. See Tex. Code Crim. Proc. Ann. art. 26.04(j)(2)
(West Supp. 2016). If the trial court determines that good cause exists to
relieve appointed counsel of his duties, we direct the trial court to appoint
substitute counsel.
The record of the hearing, including any orders and findings of the trial
court judge, shall be sent to the appellate court for filing. The court reporter’s
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record of the hearing and the clerk’s record containing the recommendations of
the trial court judge are to be filed on or before October 16, 2017.
ORDER ENTERED September 26, 2017.
PER CURIAM
Before McKeithen, C.J., Kreger, and Johnson, JJ.
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Dennie Thurman Howell Jr v. State
Combined Opinion