Cameron Thomas Fountain v. State ( 2014 )


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    COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-14-00341-CR
    NO. 02-14-00342-CR
    CAMERON THOMAS FOUNTAIN                                               APPELLANT
    V.
    THE STATE OF TEXAS                                                          STATE
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    FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY
    TRIAL COURT NO. 1322169D, 1322167D
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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 November 12, 2014. 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 retained counsel,
    Mark D. Scott, 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 retained counsel has not filed a brief and
    whether counsel has abandoned the appeal;
    3.    If retained counsel has not abandoned the appeal and, after
    being informed of the consequences of dismissing the appeal,
    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. Inform counsel and appellant that if the brief
    is not filed on that date, the court of appeals may consider the
    appeal without briefs. See Tex. R. App. P. 38.8(b)(4);
    4.    If appellant wants to continue the appeal but counsel has
    abandoned the appeal, determine whether appellant is
    indigent and, if so, whether counsel should be appointed to
    represent appellant and appoint counsel, if necessary;1
    5.    If appellant desires to proceed pro se, 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.
    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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    The trial court shall file a record of the hearing in this court on or before
    Thursday, January 15, 2015.            The record shall include a supplemental
    reporter's record and supplemental clerk's record.           Upon our receipt of the
    supplemental 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 December 16, 2014.
    PER CURIAM
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Document Info

Docket Number: 02-14-00342-CR

Filed Date: 12/17/2014

Precedential Status: Precedential

Modified Date: 12/17/2014