Jerome Patrick Rumsey v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00211-CR
Jerome Patrick Rumsey, Appellant
v.
The State of Texas, Appellee
FROM THE 26TH DISTRICT COURT OF WILLIAMSON COUNTY
NO. 20-1424-K26, THE HONORABLE DONNA GAYLE KING, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due September 7, 2021. This Court granted four
motions requesting an extension of time to file his brief, and in granting the fourth extension,
extending the deadline to February 21, 2022, advised counsel that no further extensions would be
granted and that his failure to file the brief would result in the referral of the case to the trial
court for a hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure. The brief was
not filed by the extended deadline and on March 4, 2022, counsel filed a fifth motion for
extension of time, asking for another extension to March 14 and stating that he has “worked on
said appeal” but has also had to fulfill his responsibilities in other cases.
We abate the appeal and remand the matter to the trial court to conduct a hearing
under rule 38.8, including whether counsel can fulfill his obligations in this appeal. See Tex. R.
App. P. 38.8(b)(2), (3). The court shall make appropriate written findings and recommendations,
see id. R. 38.8(b)(2), (3), and, if necessary, appoint substitute counsel who will effectively
represent appellant in this appeal. Following the hearing, which shall be transcribed, the trial
court shall order the appropriate supplemental clerk’s and reporter’s records—including all
findings and orders—to be prepared and forwarded to this Court no later than April 25, 2022.
See id. R. 38.8(b)(3).
It is so ordered March 11, 2022.
Before Chief Justice Byrne, Justices Kelly and Smith
Abated and Remanded
Filed: March 11, 2022
Do Not Publish
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