Ernest Garcia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 28, 2023
• Docket: 03-22-00725-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00725-CR

Ernest Garcia, Appellant

v.

The State of Texas, Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2020-774, THE HONORABLE JACK H. ROBISON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due May 8, 2023. To date, the brief has not been

tendered for filing and is overdue. On June 7, 2023, this Court sent a notice to appellant

informing him that his brief was overdue and that a failure to file a satisfactory response by

June 19, 2023, may 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.

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. R. 38.8(b)(2), (3). 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 July 26, 2023. See id. R. 38.8(b)(3).

It is so ordered June 28, 2023.

Before Chief Justice Byrne, Justices Triana and Theofanis

Abated and Remanded

Filed: June 28, 2023

Do Not Publish