Christopher Joe Bradshaw, Sr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 17, 2024
• Docket: 03-23-00356-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00356-CR

Christopher Joe Bradshaw, Sr., Appellant

v.

The State of Texas, Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2019-435, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due November 16, 2023. On February 21, 2024,

this Court ordered appellant to file his brief by March 27, 2024, and informed him that no further

extensions would be granted and that a failure to file his brief would result in the referral of

this case to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of Appellate

Procedure. To date, the brief has not been tendered for filing and is overdue.

The appeal is abated and remanded to the trial court. The trial court shall conduct

a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether

counsel has abandoned this appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make

appropriate written findings and recommendations. See id. If necessary, the court shall appoint

substitute counsel who will effectively represent appellant in this appeal. Following the hearing, which shall be transcribed, the trial court shall order the appropriate supplemental clerk’s and

reporter’s records—including all findings and orders—to be prepared and forwarded to this

Court no later than June 17, 2024. See id. R. 38.8(b)(3).

It is so ordered May 17, 2024.

Before Justices Baker, Triana, and Kelly

Abated and Remanded

Filed: May 17, 2024

Do Not Publish