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Leroy Stoots v. State
Citation: Not availableDocket: 14-17-00607-CR
Court: Court of Appeals of Texas; November 15, 2017; Texas; State Appellate Court
Original Court Document: View Document
An Abatement Order was filed on November 16, 2017, regarding the case Leroy Stoots v. The State of Texas, with the appellate case number NO. 14-17-00607-CR. The appellant, represented by appointed counsel Kristin Melissa Guiney, failed to file a brief by the November 1, 2017 deadline, and no motion for an extension was requested. The trial court was notified on November 2, 2017, but no response was received from the appellant. The order mandates the judge of the 248th District Court to conduct a hearing involving the appellant, appellant’s counsel, and state’s counsel to address several issues: the appellant's desire to prosecute the appeal, his indigence status, whether the appeal has been abandoned, the reasons for the failure to file a brief, and if the appeal is to continue, to set a timeline for filing the brief. The judge is also instructed to ensure effective legal representation if the appellant is found to be indigent, potentially appointing new counsel. A record of the hearing must be prepared, including findings of fact and conclusions of law, and submitted to the appellate court by December 18, 2017. The appeal is currently abated and removed from the active docket of the appellate court, with plans to reinstate it once the trial court's findings are submitted. Any party may seek reinstatement by requesting a hearing date from the trial court, and if no requests are made, the court coordinator will set a date and notify the parties. The order references Texas Rule of Appellate Procedure 38.8, which outlines procedures for handling an appellant's failure to file a brief, including notifying relevant parties and conducting hearings to ensure the appellant's rights are protected. The appellate court may take further action based on the trial court's findings.