Sheron Gabriel Terrell v. State

Citation: Not availableDocket: 01-12-00404-CR

Court: Court of Appeals of Texas; January 10, 2013; Texas; State Appellate Court

Original Court Document: View Document

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Appellant Sheron Gabriel Terrell's brief in the appeal against the State of Texas was due on September 24, 2012, but was not filed, and no extensions were requested. After a late brief notice was issued on October 9, 2012, the appellant's counsel, Calvin Parks, requested an extension to November 19, 2012, which was granted. However, no brief was submitted by that deadline or for subsequent deadlines, leading to a second late brief notice on December 19, 2012. 

On January 2, 2013, Parks filed for an additional 30-day extension but did not satisfactorily explain the delays. The brief is now over three months overdue, and the appellant remains incarcerated. Consequently, the appeal is abated, and the case is remanded to the trial court for a hearing involving the appellant, his counsel, and a representative of the State. The trial court is directed to determine if the appellant wishes to pursue the appeal and whether there is good cause to relieve Parks of his duties.

The hearing must utilize closed-circuit video conferencing, allowing private communication between the appellant and his counsel. If good cause is found, a new counsel will be appointed; if not, Parks must file the brief within ten days following the hearing. The trial court must record the proceedings and submit the reporter's record and findings within 20 days of this order. The appeal is removed from the active docket and will be reinstated upon the filing of the required records. The court coordinator will set the hearing date and notify all parties. 

This order was signed by Justice Michael Massengale on January 11, 2013.