Clinton Stevenson v. State ( 2010 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-09-00358-CR

Clinton Stevenson,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court No. Fam-08-19632

ORDER

In an order dated August 11, 2010, the Court abated this case for a hearing in the trial court to determine:  (1) why a brief (which was originally due on or before July 9, 2010) has not been filed on Appellant’s behalf; (2) whether Appellant’s attorney has abandoned the appeal; and (3) whether Appellant is receiving effective assistance of counsel.  The trial court held the hearing on August 23, 2010.

The Court has received a supplemental reporter’s record of the hearing.  The trial court found that Appellant’s attorney has not abandoned the appeal, that Appellant is -receiving effective assistance of counsel, and that there is good cause for why Appellant’s brief has not been filed.

This Court notes that no explanation for why Appellant’s brief had not been timely filed (on or before July 9, 2010) was given.

This case is reinstated.  Appellant’s brief shall be filed on or before September 27, 2010 (five weeks after August 23).

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal reinstated

Order issued and filed September 15, 2010

Do not publish

(appellate cause no. 10-02-270-CR) without the benefit of a plea bargain. Harris likewise pleaded guilty to possession of alprazolam in the amount of 28 grams or more but less than 200 grams in trial court cause no. 83788 (appellate cause no. 10-02-271-CR) without the benefit of a plea bargain. The court sentenced Harris to five years’ imprisonment in both cases.

      Harris and his trial counsel signed a waiver of appeal in both cases. Because Harris waived his right to appeal, we dismiss his appeals. Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000); Clayburn v. State, 985 S.W.2d 624, 625 (Tex. App.—Waco 1999, no pet.) (per curiam).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed October 30, 2002

Do not publish

[CR25]