                                     In The

                               Court of Appeals
                   Ninth District of Texas at Beaumont
                             _________________
                              NO. 09-12-00239-CR
                             _________________

                       TOMMY HOLCOMB, Appellant

                                       V.

                      THE STATE OF TEXAS, Appellee

________________________________________________________________________

                   On Appeal from the 221st District Court
                        Montgomery County, Texas
                      Trial Cause No. 11-06-07078-CR
________________________________________________________________________

                                    ORDER

      The clerk’s record in the above styled and numbered cause was filed June

29, 2012, and the reporter’s record was filed July 3, 2012. Jarrod Walker was

appointed as counsel on December 6, 2012. On March 15, 2013, the Court granted

an extension of time to file the brief, noting that the extension was a “FINAL

EXTENSION.” On April 11, 2013, the appellant’s court-appointed attorney was

notified that the appellant’s brief had not been timely filed. See Tex. R. App. P.


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38.8(b)(2). Although the brief of the appellant was due to be filed April 10, 2013,

and no further extensions will be permitted, the brief has not been filed.

      We abate the appeal and remand the case to the trial court to conduct a

hearing to determine why the brief of the appellant has not been filed, and whether

good cause exists for appointed counsel, Jarrod Walker, to be relieved of his duties

as appellate counsel and replaced by substitute counsel. See Tex. Code Crim. Proc.

Ann. art. 26.04(j)(2) (West Supp. 2012). If the trial court determines that good

cause exists to relieve appointed counsel of his duties, we direct the trial court to

appoint substitute counsel.

      The record of the hearing, including any orders and findings of the trial court

judge, shall be sent to the appellate court for filing. The transcription of the court

reporter’s notes from the hearing and the recommendations of the trial court judge

are to be filed on or before June 3, 2013.

      ORDER ENTERED May 2, 2013.

                                                           PER CURIAM

Before Gaultney, Kreger, and Horton, JJ.




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