Joseph David Rathbun v. State

• Court: Court of Appeals of Texas
• Decided: September 30, 2020
• Docket: 10-20-00069-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-20-00069-CR

JOSEPH DAVID RATHBUN, Appellant v.

THE STATE OF TEXAS, Appellee

From the 443rd District Court Ellis County, Texas Trial Court No. 44358CR

ABATEMENT ORDER

The appellant’s brief is overdue in this appeal. The Clerk of the Court’s September

3, 2020 letter to appellant’s counsel states:

Our records indicate that the appellant’s brief was due on or before July 31, 2020. To date, no brief has been filed.

You will notice that the trial court has been copied with this letter as required by the Rules of Appellate Procedure. TEX. R. APP. P. 38.8(b)(2). Presumably, the purpose of notifying the trial court is to allow intervention by the trial court before the Court has to formally abate the proceeding for a hearing.

Unless a brief or satisfactory response is received within 14 days, this Court must abate the appeal and order the trial court to immediately conduct a hearing pursuant to TEX. R. APP. P. 38.8(b)(2) & (3).

Because appellant’s brief was not filed within 14 days, we abate this appeal to the

trial court to conduct any necessary hearings within 21 days of the date of this order in

accordance with 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 the rule, if any, are

ordered to be filed within 35 days of the date of this order. See id.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Neill Appeal abated Order issued and filed September 30, 2020 RWR

Rathbun v. State Page 2