Dylan James Larson v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00469-CR

Dylan James Larson, Appellant

v.

The State of Texas, Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2020-541A, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

Appellant’s brief was originally due December 13, 2024. After this Court granted

multiple motions requesting an extension of time to file his brief, appellant’s brief was due

April 16, 2025. In granting the most recent extension, this Court advised counsel that no further

extensions would be granted and that failure to file a timely 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. On April 16, 2025,

counsel filed a fifth motion requesting an extension of time to file his brief, which is denied.

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 May 9, 2025. See id. R. 38.8(b)(3).

It is so ordered April 24, 2025.

Before Justices Triana, Theofanis, and Crump

Abated and Remanded

Filed: April 24, 2025

Do Not Publish