Summary
The Eighth District Court of Appeals of Texas ordered the trial court to conduct a hearing concerning whether the appellant wished to continue his criminal appeal and whether he had been deprived of effective assistance of counsel. The order followed the appellant's failure to file a brief after multiple extensions and established deadlines for a videoconference hearing and supplemental records.
Topics
Practice areas
Questions Presented
- Whether the trial court should conduct a hearing to determine whether the appellant wished to continue the appeal after failing to file an appellate brief.
- Whether the hearing should also determine whether the appellant had been deprived of effective assistance of counsel.
Holdings
- A hearing was required to determine whether the appellant wished to continue the appeal and whether he had been deprived of effective assistance of counsel.
Key quotations
“It is therefore ORDERED that the trial court conduct a hearing to determine whether Appellant wishes to continue the appeal and if Appellant has been deprived of effective assistance of counsel.”
Factual background
The appellant's brief was due February 4, 2021. No brief or motion for extension had been filed by the date of the order, even though the Court of Appeals had previously granted three extensions and a final extension. The appellate court determined that a hearing was necessary to determine whether the appellant wished to continue the appeal and whether he had been deprived of effective assistance of counsel.
Procedural history
The appeal arose from Criminal District Court No. 1 of El Paso County, Texas, in cause number 20160D01110. After the appellant failed to file his brief by February 4, 2021, despite multiple extensions, the Court of Appeals ordered a hearing in the trial court and directed preparation of a supplemental record and hearing transcript.
Remand instructions
The trial court was directed, if feasible, to conduct a videoconference hearing by March 20, 2021, and determine whether the appellant wished to continue the appeal and whether he had been deprived of effective assistance of counsel. The trial court was directed to forward its findings to the District Clerk by March 30, 2021. The District Clerk was directed to prepare and forward a supplemental clerk's record, and the court reporter was directed to forward the hearing transcript, to the Court of Appeals by April 6, 2021. If a videoconference was not feasible, the trial court was directed to file a statement explaining why.