Roger Douglas Phelps v. State ( 2006 )

NO. 07-05-0405-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

APRIL 19, 2006 ______________________________

ROGER DOUGLAS PHELPS, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE _________________________________

FROM THE 367^TH DISTRICT COURT OF DENTON COUNTY;

NO. F-2004-1887-E; HONORABLE LEE GABRIEL, JUDGE _______________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant's motion to dismiss his appeal. Appellant and his attorney both have signed the document stating that appellant withdraws his appeal. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell

Justice

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NO. 07-10-0331-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

AUGUST 29, 2011

______________________________

BRENTON W. SHADDEN, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 140^TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2008-420,688; HONORABLE JIM BOB DARNELL, JUDGE

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ORDER REINSTATING APPEAL

            By opinion and judgment dated May 20, 2011, due to Appellant's counsel's failure to file a brief, this Court abated Appellant's appeal and remanded the matter to the trial court for further proceedings. Pursuant to this Court's order, the trial court was directed to use whatever means necessary to determine why counsel had failed to timely file Appellant's brief and to take such action as was necessary to ensure that the brief was filed with this Court by June 6, 2011.  Our order further specifically provided that if Appellant's brief was not filed by that date, the trial court was directed to conduct a hearing and to file findings of fact and conclusions of law by July 8, 2011, determining the following:

1. whether Appellant desires to prosecute the appeal;

2. whether Appellant=s counsel has effectively abandoned the appeal given his failure to timely file a brief;

3. whether Appellant has been denied effective assistance of counsel and is entitled to new appointed counsel; and

4. whether Appellant's counsel's failure to comply with the Rules of Appellate Procedure and the directives of this Court raises a substantial question as to counsel's honesty, trustworthiness, or fitness as a lawyer.  See Tex. Code Jud. Conduct, Canon 3(D)(1), reprinted in Tex. Gov't Code Ann., tit. 2, subtit. G, app. B (West 2005).

            Although Appellant's brief was not timely filed, to date, the Court has not received the trial court's findings of fact and conclusions of law. 

            On June 22, 2011, Appellant's counsel did file a brief, which we have held in abeyance pending receipt of the trial court's findings of fact and conclusions of law.  On July 12, 2011, this Court reminded the trial court of its duty, however, our directives have been ignored.  We see no reason why Appellant's appeal should be delayed any further.  Therefore, in the interest of justice, we reinstate Appellant's appeal and deem his brief filed this date.  The State's briefing deadline will be in accordance with the applicable rules of appellate procedure. See Tex. R. App. P. 38.6.

            It is so ordered.

                                                                                    Per Curiam

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