James Alfred Jarrett, Jr. v. State ( 2016 )

IN THE
TENTH COURT OF APPEALS
No. 10-16-00049-CR
JAMES ALFRED JARRETT, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 18th District Court
Johnson County, Texas
Trial Court No. F47817
ABATEMENT ORDER
In this case, appellant, James Alfred Jarrett Jr., was convicted of three counts of
indecency with a child by contact. See TEX. PENAL CODE ANN. § 21.11(a)(1) (West 2011).
The Clerk’s and Reporter’s Records were filed on February 22, 2016 and July 5, 2016,
respectively.1 Pursuant to Texas Rule of Appellate Procedure 38.6(a), appellant’s brief
1 As indicated in a June 2, 2016 motion for extension of time filed by the Court Reporter, the delay
in the filing of the Reporter’s Record was attributable to appellant’s failure to make arrangements to pay
for the Reporter’s Record. Apparently, arrangements to pay for the Reporter’s Record were eventually
made, and the Reporter’s Record was filed on July 5, 2016.
was due within thirty days of July 5, 2016. See TEX. R. APP. P. 38.6(a). We have granted
appellant multiple extensions of time, yet we still have not received appellant’s brief in
this matter. In granting his last extension, we ordered appellant to file his appellant’s
brief by December 1, 2016. This deadline has passed, and we have received no response
from appellant.
Given that appellant’s brief is now more than 137 days late, we abate this appeal
to the trial court to conduct a hearing to: (1) determine whether appellant wishes to
proceed with the appeal; and (2) whether appellant is receiving effective assistance of
counsel. The trial court shall conduct the hearing within twenty-one (21) days after the
date of this order. The trial court clerk and court reporter shall file supplemental records
within thirty-five (35) days after the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order delivered and filed December 21, 2016
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