Jarvis L. Barber v. State ( 2018 )


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  • Order filed September 13, 2018
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-15-00806-CR
    ____________
    JARVIS L. BARBER, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from County Criminal Court at Law No. 7
    Harris County, Texas
    Trial Court Cause No. 2008621
    ORDER
    Appellant is represented by retained counsel, Frederick Wilson. No brief has
    been filed. The trial court has already held two hearings pursuant to Texas Rule of
    Appellate Procedure 38.8 and determined that (1) appellant desires to continue to
    prosecute his appeal; (2) appellant has not abandoned his appeal; and (3) appellant
    is not indigent.
    On July 19, 2018, we ordered that appellant’s brief be filed by August, 3,
    2018, and noted no further extensions would be granted absent extraordinary
    circumstances. We granted an extension until September 10, 2018. The brief has not
    been filed.
    We ORDER that appellant’s brief be filed by September 28, 2018. NO
    FURTHER EXTENSIONS WILL BE GRANTED.
    If the brief is not filed as ordered, we will decide this appeal upon the record
    before the court. See Lott v. State, 
    874 S.W.2d 687
    , 688 (Tex. Crim. App. 1994)
    (affirming conviction on record alone where appellant failed to file a pro se brief
    after being properly admonished).
    PER CURIAM
    RULE 38. REQUISITES OF BRIEFS
    Tex. R. App. P. 38.8. Failure of Appellant to File Brief.
    (b) Criminal Cases.
    (1) Effect.   An appellant’s failure to timely file a brief does not
    authorize either dismissal of the appeal or, except as provided in (4), consideration
    of the appeal without briefs.
    (2) Notice. If the appellant’s brief is not timely filed, the appellate clerk
    must notify counsel for the parties and the trial court of that fact. If the appellate
    court does not receive a satisfactory response within ten days, the court must order
    the trial court to immediately conduct a hearing to determine whether the appellant
    desires to prosecute his appeal, whether the appellant is indigent, or, if not indigent,
    whether retained counsel has abandoned the appeal, and to make appropriate
    findings and recommendations.
    (3) Hearing. In accordance with (2), the trial court must conduct any
    necessary hearings, make appropriate findings and recommendations, and have a
    record of the proceedings prepared, which record—including any order and
    findings—must be sent to the appellate court.
    (4) Appellate Court Action. Based on the trial court’s record, the
    appellate court may act appropriately to ensure that the appellant’s rights are
    protected, including initiating contempt proceedings against appellant’s counsel. If
    the trial court has found that the appellant no longer desires to prosecute the appeal,
    or that the appellant is not indigent but has not made the necessary arrangements for
    filing a brief, the appellate court may consider the appeal without briefs, as justice
    may require.
    

Document Info

Docket Number: 14-15-00806-CR

Filed Date: 9/13/2018

Precedential Status: Precedential

Modified Date: 9/13/2018