Bradley Robert Eddington v. the State of Texas ( 2023 )

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER OF ABATEMENT
Appellate case name: Bradley Robert Eddington v. The State of Texas
Appellate case number: 01-21-00424-CR
Trial court case number: 18-CR-2578
Trial court: 212th District Court of Galveston County
Appellant, Bradley Robert Eddington, filed a notice of appeal from the trial court’s
June 29, 2021 Judgment Adjudicating Guilt. The clerk’s record was filed on September 3,
2021, however, no reporter’s record was filed. The clerk’s record reflects that appellant
has retained Joseph F. Vinas, of Vinas & Graham, PLLC as counsel of record. The court
notified appellant, through counsel, that unless appellant made arrangements to pay for the
preparation of the reporter’s record, the Court would require appellant to file his brief
without a reporter’s record.
Appellant did not respond to the Court’s notice. Accordingly, on August 25, 2022,
the Court notified appellant that his brief was due on or before September 26, 2022. See
TEX. R. APP. P. 38.6(a). However, no brief was filed. On October 19, 2022, the Clerk of
this Court notified appellant that the time for filing his brief had expired and, unless the
Court received a motion for an extension of time, with appellant’s brief, or a motion for an
extension of time to file appellant’s brief by October 31, 2022, the Court would be required
to order the trial court to conduct a hearing pursuant to Texas Rule of Appellate Procedure
38.8. See TEX. R. APP. P. 38.8(b)(2), (3); see also id. 10.5(b). Appellant has not filed a
brief or otherwise responded to the Court’s notice.
Accordingly, we abate the appeal and remand for the trial court to conduct a
hearing, within thirty days of the date of this order, at which a representative of the
Galveston County District Attorney’s Office and appellant’s counsel, Joseph F. Vinas,
shall be present. TEX. R. APP. P. 38.8(b)(2). Appellant shall also be present for the hearing
in person or, if he is incarcerated, at the trial court’s discretion, he may participate in the
hearing by closed-circuit video teleconferencing.1 The trial court shall also have a court
reporter present to record the hearing.
The trial court is directed to:
(1) determine whether appellant wishes to prosecute the appeal;
(2) determine whether counsel, Joseph F. Vinas, has abandoned the appeal;
(3) if counsel has not abandoned the appeal, inquire of counsel the reasons, if any,
that he has failed to file a brief and set a date by which counsel will file a brief,
not later than 30 days from the date of the hearing.
(4) if counsel has abandoned this appeal, enter an order relieving him of his duties
as appellant’s counsel, including in the order the basis for a finding of
abandonment, and determine whether appellant is indigent; and:
(a) if indigent, appoint new appellate counsel at no expense to appellant and set
a date by which counsel will file a brief, no later than 30 days from the date
of the hearing; or
(b) if not indigent, admonish appellant of the dangers and disadvantages of self-
representation and
i. determine whether appellant is knowingly and intelligently waiving his
right to counsel and, if so, obtain a written waiver of the right to counsel
and set a date by which the brief is due, no later than 30 days from the
date of the hearing; or,
ii. if appellant does not wish to proceed pro se, set a date by which appellant
must hire an attorney, no later than 30 days from the date of the hearing;
(5) make any other findings and recommendations the trial court deems
appropriate; and
(6) enter written findings of fact, conclusions of law, and recommendations as to
these issues, separate and apart from any docket sheet notations.
See TEX. CODE CRIM. PROC. ANN. art. 1.051(a), (d)(1), (f), 26.04(j)(2); TEX. R. APP. P.
38.8(b); cf. TEX. CODE CRIM. PROC. ANN. art. 1.051(g).
The trial court clerk is directed to file a supplemental clerk’s record containing the
trial court’s order, findings, and recommendations with this Court no later than forty-five
days from the date of this order. The court reporter is directed to file the reporter’s record
of the hearing no later than forty-five days from the date of this order.
The appeal is abated, treated as a closed case, and removed from this Court’s active
docket. The court coordinator of the trial court shall set a hearing date and notify the parties
and the Clerk of this Court of such date.
1
Any such teleconference must use a closed-circuit video teleconferencing system that
provides for a simultaneous compressed full motion video and interactive communication
of image and sound between the trial court, appellant, and any attorneys representing the
State or appellant. On his request, appellant and his counsel shall be able to communicate
privately without being recorded or heard by the trial court or the State’s attorney.
It is so ORDERED.
Judge’s signature: ____/s/ Amparo Guerra______
 Acting individually  Acting for the Court
Date: ___January 10, 2023______