Case Information

*0 FILE COPY *1 FILE COPY CAUSE NO. 12-14-00210-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS BOBBIE DEWAYNE GRUBBS, } APPEALED FROM 273RD DISTRICT COURT

APPELLANT

V. } IN AND FOR

THE STATE OF TEXAS, } SHELBY COUNTY, TEXAS

APPELLEE ORDER

Appellant is represented by Mr. William Shires, appointed counsel. On February 12, 2015, the

time to file appellant’s brief expired without a brief or a motion for extension of time. T EX . R. A PP . P.

38.6(a). Pursuant to T EX . R. A PP . P. 38.8(b), counsel was notified on February 18, 2015, that his brief

was past due and was given until March 2, 2015, to file a brief or otherwise explain the delay. No

satisfactory response has been received.

Pursuant to T EX . R. A PP . P. 38.8(b)(3), it is ORDERED that Honorable Charles R. Mitchell,

Judge of the 273rd District Court of Shelby County, Texas, shall immediately conduct a hearing to

determine (1) whether the appellant still desires to prosecute his appeal; (2) whether the appellant is

indigent and either needs counsel appointed, or appellant’s counsel has abandoned the appeal; or (3) if

the appellant is not indigent, whether a brief has not been completed because retained counsel has either

abandoned the appeal or because appellant has failed to make necessary arrangements for filing a brief;

and (4) when appellant’s counsel anticipates that the appellant’s brief, if a brief is to be filed, will be

completed.

It is FURTHER ORDERED that the judge shall (1) make appropriate findings as to the above

set forth issues and (2) cause a record of the proceedings to be prepared.

It is ADDITIONALLY ORDERED that once findings are made as to the above set forth issues,

if appellant is indigent, the judge shall (1) take such measures as may be necessary to assure appellant’s

effective representation, which may include the appointment of new counsel and (2) make

recommendations to this Court regarding a proper filing date for the appellant’s brief.

It is FINALLY ORDERED that the supplemental clerk’s record (including any orders and

findings) and the reporter’s record of said hearing be filed with the Clerk of this Court on or before

April 13, 2015 .

WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12 th Court of

Appeals District, Tyler, Texas.

GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas this 12th day of March

2015, A.D.

Respectfully yours, CATHY S. LUSK, CLERK By: ______________________________ Katrina McClenny, Chief Deputy Clerk