Obinna Michael Amuneke v. State

• Court: Court of Appeals of Texas
• Decided: March 24, 2010
• Docket: 10-09-00043-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-09-00043-CR

Obinna Michael Amuneke,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court No. 06-02146-CRF-272

abatement  ORDER

Appellant’s brief was originally due on or before September 4, 2009.  In a letter dated September 10, 2009, the Court provided notice that unless a brief or satisfactory response was received within 14 days, the Court must abate the appeal and order the trial court to immediately conduct a hearing pursuant to Rule of Appellate Procedure 38.8(b)(2, 3).  Neither Appellant’s brief nor a satisfactory response has been filed.  Accordingly, the Court abated this appeal, and a hearing was held in the trial court on November 12, 2009.

In the November 12 hearing, Appellant’s counsel represented to the trial court that he would file Appellant’s Brief within two weeks.  This appeal was then reinstated.

Appellant’s brief then became due on or before February 10, 2010.  In a letter dated February 19, 2010, the Court provided notice that unless a brief or satisfactory response was received within 14 days, the Court must abate the appeal and order the trial court to immediately conduct a hearing pursuant to Rule of Appellate Procedure 38.8(b)(2, 3).  Neither Appellant’s brief nor a satisfactory response has been filed.

The Court again abates this cause to the trial court with instructions to hold a hearing to determine: (1) why a proper brief has not been filed on Appellant’s behalf, including why one was not filed within two weeks of the November 12 hearing; (2) whether Appellant’s attorney has abandoned the appeal; and (3) whether Appellant is receiving effective assistance of counsel.  See Tex. R. App. P. 38.8(b)(2).

The trial court shall conduct the hearing within fourteen (14) days after the date of this order.  The trial court clerk and court reporter shall file supplemental records within twenty-one (21) days after the date of this order.

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal abated

Order issued and filed March 24, 2010

Do not publish