Trial
court: 212th District Court of Galveston County Trial court
case number: 17-CR-0916
ORDER OF ABATEMENT
EVELYN
V. KEYES JUDGE
On
December 21, 2018, appellant, Lonnie Gene Kinnett, filed a
notice of appeal from the September 26, 2018 judgment of
conviction following a jury trial of the enhanced
first-degree felony offense of driving while intoxicated
third or more, for which the jury assessed appellant's
punishment at life confinement. The trial court certified
that this was not a plea-bargain case, and that appellant had
the right to appeal. See Tex. R. App. P. 25.2(a)(2).
The Clerk of this Court's June 4, 2019 notice granted the
third extension request to file appellant's brief until
June 28, 2019, by appellant's retained counsel, Susan C.
Norman and Holly Gail Crampton, with no further extensions to
be granted.
Because
appellant did not timely file a brief, the Clerk of this
Court sent a late-brief notice on July 1, 2019, notifying
appellant's counsel, Susan C. Norman and Holly Gail
Crampton, that this case might be abated for a hearing
pursuant to Texas Rule of Appellate Procedure 38.8(b)(2), if
either the brief or an extension motion was not filed within
10 days of that notice. To date, counsel has neither timely
filed a brief nor requested another extension on
appellant's behalf.
The
Court therefore sua sponte abates this
appeal and remands for the trial court to
immediately conduct a hearing at which a representative of
the Galveston County District Attorney's Office and
appellant's retained counsel, Susan C. Norman and
Holly Gail Crampton, shall be present. Tex. R. App.
38.8(b)(2). Appellant shall also be present for the hearing
in person or, if appellant is incarcerated, at the trial
court's discretion, appellant may participate in the
hearing by closed-circuit video
teleconferencing.[1]
The
trial court shall have a court reporter record the hearing.
The trial court is directed to:
(1) make a finding on whether appellant wishes to prosecute
this appeal;
(2) if appellant does wish to prosecute this appeal,
determine whether counsel Susan C. Norman and Holly Gail
Crampton have abandoned this appeal;
(3) if counsel Susan C. Norman and Holly Gail Crampton have
not abandoned this appeal:
a. inquire of counsel the reasons, if any, that they have
failed to file a brief on appellant's behalf; and
b. set a date certain when appellant's brief will be due,
regardless of whether this Court has yet reinstated this
appeal and no later than 30 days from the date of the
hearing;
(4) if Susan C. Norman and Holly Gail Crampton have abandoned
this appeal, enter a written order relieving Susan C. Norman
and Holly Gail Crampton of their duties as appellant's
counsel, including in the order the basis for the finding of
abandonment, determine whether appellant is indigent, and:
a. if appellant is indigent, appoint substitute appellate
counsel at no expense to appellant;
b. if appellant is not indigent, admonish appellant of the
dangers and disadvantages of ...