Court of Civil Appeals of Texas, 2019

Dorothy Jackson Haynes v. State

Dorothy Jackson Haynes v. State
Court of Civil Appeals of Texas · Decided January 16, 2019

Dorothy Jackson Haynes v. State

Opinion

Fourth Court of Appeals San Antonio, Texas January 16, 2019 No. 04-18-00810-CR Dorothy Jackson HAYNES, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR2226 Honorable Sid L. Harle, Judge Presiding

ORDER Appellant’s brief was originally due to be filed on December 27, 2018. Neither the brief nor a motion for extension of time to file the brief was filed. On January 3, 2019, this court ordered appellant to respond by no later than January 14, 2019, state a reasonable explanation for failing to timely file the brief, and demonstrate the steps being taken to remedy the deficiency.

See TEX. R. APP. P. 38.8(b)(2). Appellant was advised that failure to provide an adequate response would result in this appeal being abated to the trial court for an abandonment hearing.

See id. No response was filed.

Upon further review of the record, it appears the trial court permitted appellant’s counsel to withdraw on November 2, 2018. It is therefore ORDERED that this appeal is ABATED to the trial court. See id. The trial court is ORDERED to determine whether appellant desires to prosecute this appeal and, if appellant is indigent, appoint new appellate counsel. The trial court is further ORDERED to cause the trial court clerk to file, within thirty (30) days from the date of this order, a supplemental clerk’s record containing the trial court’s findings regarding appellant’s indigency and any order appointing new appellate counsel. All filing deadlines are suspended until further order from this court.

_________________________________ Sandee Bryan Marion, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of January, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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