Thomas Paul Tadsen v. State ( 2016 )

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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00260-CR
NO. 02-15-00261-CR
THOMAS PAUL TADSEN APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1378634R, 1379351R
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ABATEMENT ORDER
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It has come to our attention that appellant's brief has not been filed.
Appellant’s brief was originally due on December 2, 2016. We have notified the
trial court judge and the attorneys of record that appellant's brief has not been
filed, as required by rule 38.8(b). See Tex. R. App. P. 38.8(b). Because we have
not received a satisfactory response to our prior notification and in accordance
with rule 38.8(b), we abate the appeal and remand this case to the trial court.
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The trial court shall conduct a hearing, with appellant and appointed
counsel, John W. Stickels, present. At the hearing, the court shall make the
following findings on the record:
1. Determine whether appellant desires to prosecute the appeal;
2. Determine why appointed counsel has not filed a brief and
whether counsel has abandoned the appeal;
3. If appointed counsel has not abandoned the appeal and
appellant desires to continue the appeal, determine the exact
date that counsel will file a brief on appellant’s behalf in the
court of appeals;
4. Determine whether substitute counsel should be appointed to
represent appellant and appoint substitute counsel, if
necessary;1
5. Determine whether appellant desires to proceed pro se. If so,
admonish appellant of the dangers and disadvantages of self-
representation in accordance with Faretta v. California, 422
U.S. 806, 835, 95 S. Ct. 2525, 2541 (1975) and Hubbard v.
State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987) and
determine whether appellant’s decision to proceed pro se is
competently and intelligently made; and
6. Take any other measures that the trial court deems necessary
to insure appellant does not forfeit his right to appeal.
The trial court shall file a record of the hearing in this court on or before
Friday, February 5, 2016. The record shall include a supplemental reporter's
record and supplemental clerk's record. Upon our receipt of the supplemental
1If substitute counsel has been appointed to represent appellant, the
supplemental record shall reflect that substitute counsel has been notified of the
appointment. If appellant is incarcerated, the trial court shall also retain him in
the county for a reasonable period of time to allow substitute counsel an
opportunity to confer with appellant.
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record, the appeal of this cause shall be reinstated automatically without further
order.
The clerk of this court shall transmit a copy of this order to the attorneys of
record, the trial court judge, the trial court clerk, and the court reporter.
DATED January 6, 2016.
PER CURIAM
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