Samuel Ukwuachu v. State ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-15-00376-CR
SAMUEL UKWUACHU,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2014-1202-C2
ORDER
The Court has received the Court of Criminal Appeals’ mandate which issued on
July 26, 2018. This appeal was remanded for further proceedings on appellant’s
remaining issues raised on appeal.
The appeal now stands at the point as if the record has just been filed, and
appellant's brief is due 30 days from the date we received the return of the record from
the Court of Criminal Appeals. See TEX. R. APP. P. 38.6(a); Robinson v. State, 790 S.W.2d
334, 335-36 (Tex. Crim. App. 1990). The State’s brief is due 30 days after appellant’s brief
is filed. TEX. R. APP. P. 38.6(b). The current rules of appellate procedure contemplate a
physical transfer between the courts of a single hard copy record. That is no longer
necessary since we retain an electronic copy of the record at the time we “forward” the
record to the Court of Criminal Appeals. Accordingly, we will treat the date we receive
the mandate as also being the date we receive the record that is “returned” to this Court.
Consequently, appellant’s brief is due August 27, 2018. Under the circumstances,
however, the Court, sua sponte, grants appellant an extension of time to file appellant’s
brief. Appellant’s brief is due September 26, 2018.
If the parties notify the Court they intend to rely on the original briefs and that no
new brief will be filed that supersedes all the party’s existing briefs on file, the Court will
proceed on the existing briefs on the issue or issues that have not been addressed by this
Court and in light of the Court of Criminal Appeals’ opinion as directed. Thus, if the
parties do not wish to file a new brief, they may expedite our ability to review the issues
necessary to a disposition of this proceeding by submitting a letter expressly waiving the
filing of a new brief.
If a new brief or letter notifying the Court that the appellant will waive the filing
of a new brief and rely on the original brief is not timely filed, this proceeding must be
abated to the trial court for a hearing to determine why no brief has been timely filed on
behalf of appellant. TEX. R. APP. P. 38.8(b); see Robinson v. State, 790 S.W.2d 334, 335-36
(Tex. Crim. App. 1990); see also Williams v. State, 790 S.W.2d 336, 337-38 (Tex. Crim. App.
1990).
PER CURIAM
Ukwuachu v. State Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Briefing ordered
Order issued and filed August 22, 2018
Ukwuachu v. State Page 3