Ex Parte John R. Powell ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00142-CR
No. 10-18-00147-CR
EX PARTE JOHN R. POWELL
From the 12th District Court
Walker County, Texas
Trial Court Nos. 27986 & 25048
ABATEMENT ORDER
The appellant’s brief in appellate case number 10-18-00142-CR is overdue.
By letter dated July 18, 2018, the Clerk of this Court informed appellant that a brief
was filed in 10-18-00147-CR with the wrong corresponding trial court case number and
that no brief was filed in 10-18-00142-CR. In that same letter, the Clerk informed
appellant that the Court requested a response from appellant within 7 days from the letter
regarding whether the trial court case number listed on the brief filed in appellate case
number 10-18-00147-CR was the intended case number and whether appellant requests
that the brief filed in 10-18-00147-CR also be filed in 10-00142-CR. More than 7 days have
passed and no response has been received.
Accordingly, we abate these appeals to the trial court to conduct any necessary
hearings within 21 days of the date of this Order pursuant to Texas Rule of Appellate
Procedure 38.8(b)(2) and (3). TEX. R. APP. P. 38.8(b)(2), (3).
The supplemental clerk’s and reporter’s records required by Texas Rule of
Appellate Procedure 38.8(b)(2) and (3), if any, are ordered to be filed within 28 days of
the date of this Order. See id.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeals abated
Order issued and filed August 1, 2018
Ex parte John R. Powell Page 2