Barry G. Coggins v. State ( 2018 )


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  •                           Fourth Court of Appeals
    San Antonio, Texas
    January 30, 2018
    No. 04-17-00532-CR
    Barry G. COGGINS,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 437th Judicial District Court, Bexar County, Texas
    Trial Court No. 2016CR2480
    Honorable Lori I. Valenzuela, Judge Presiding
    ORDER
    Appellant’s brief was due on November 27, 2017. Almost one month after the brief was
    due, on December 26, 2017, Appellant filed a first motion for a sixty-day extension of time to
    file the brief. This court granted Appellant’s motion with a clear, specific warning:
    NO FURTHER EXTENSIONS OF TIME TO FILE APPELLANT’S BRIEF
    WILL BE GRANTED. We ORDER Appellant to file the brief not later than
    January 26, 2018. If Appellant fails to file the brief as ordered, we will
    immediately abate this appeal and remand the cause to the trial court for an
    abandonment hearing.
    Despite our express warning, on January 26, 2018, court-appointed counsel Edward F.
    Shaughnessy requested an additional forty-five days to file the brief until March 12, 2018.
    Appellant’s motion is DENIED.
    We ABATE this appeal and REMAND the cause to the trial court. See TEX. R. APP. P.
    38.8(b); Samaniego v. State, 
    952 S.W.2d 50
    , 52–53 (Tex. App.—San Antonio 1997, no pet.).
    We ORDER the trial court to conduct a hearing in compliance with Rule 38.8(b), within
    TEN DAYS of the date of this order, to answer the following questions:
    (1)    Does Appellant desire to prosecute his appeal?
    (2)     If Appellant desires to prosecute his appeal, can the trial court assure this court
    that Edward F. Shaughnessy will file Appellant’s brief or a motion to dismiss
    within TEN DAYS of the date of the abandonment hearing?
    If the trial court determines the answer to the first question is yes and the answer to the
    second question is no, the trial court shall remove Edward F. Shaughnessy from this appeal and
    shall appoint new counsel for Appellant.
    The trial court may, in its discretion, receive evidence on the first question by sworn
    affidavit from Appellant or by allowing Appellant to appear by electronic means (e.g., telephone
    or video conference). However, the trial court must order Edward F. Shaughnessy to be
    physically present at the hearing. See 
    id. R. 38.8(b)(3).
            We ORDER the trial court to file supplemental clerk’s and reporter’s records in this
    court, not later than FIFTEEN DAYS from the date of this order, which shall include the
    following: (1) a transcription of the hearing and copies of any documentary evidence admitted,
    (2) written findings of fact and conclusions of law, and (3) answers to this court’s two questions.
    See 
    id. All other
    appellate deadlines are SUSPENDED pending further order of this court.
    _________________________________
    Patricia O. Alvarez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 30th day of January, 2018.
    ___________________________________
    KEITH E. HOTTLE,
    Clerk of Court
    

Document Info

Docket Number: 04-17-00532-CR

Filed Date: 1/30/2018

Precedential Status: Precedential

Modified Date: 2/7/2018