Ikeal Wade Gardiner v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 8, 2023
• Docket: 09-22-00113-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00113-CR __________________

IKEAL WADE GARDINER, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 1A District Court Jasper County, Texas Trial Cause No. 14049JD __________________________________________________________________

ORDER

The clerk’s record was filed on April 12, 2022, and the reporter’s record was

filed on November 14, 2022. On August 10, 2022, William Stephen Shires

substituted as retained counsel for appellant Ikeal Wade Gardiner. On December 14,

2022, the Court granted an extension of time to file the brief. On January 17, 2023,

we notified the parties that neither the brief nor a motion for an extension of time

had been filed, and we warned that unless we received the brief by January 27, 2023,

1 we would order the trial court to conduct a hearing to determine why no brief has

been filed. As of this date the brief has not been filed.

We abate the appeal and remand the case to the trial court to conduct a hearing

at which a representative of the State, counsel for the appellant, and the appellant

shall be present. See Tex. R. App. P. 38.8(b)(3). We direct the trial court to determine

whether or not appellant desires to pursue his appeal. If appellant desires to pursue

his appeal, we direct the trial court to determine why the brief of the appellant has

not been filed, why appellant’s counsel has not responded to the late notice from this

Court, and whether good cause exists to determine that retained counsel, William

Stephen Shires, has abandoned the appeal. If the trial court determines that counsel

has abandoned the appeal, the trial court shall determine whether the appellant is

indigent and whether counsel should be appointed for the appeal. See Tex. Code

Crim. Proc. Ann. art. 26.04(j)(2).

The record of the hearing, including any orders and findings of the trial court

judge, shall be sent to the appellate court for filing. The transcription of the court

reporter’s notes from the hearing and the recommendations of the trial court judge

are to be filed on or before March 10, 2023.

ORDER ENTERED February 8, 2023.

PER CURIAM

Before Golemon, C.J., Horton and Wright, JJ.