Ernest Garcia v. the State of Texas

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

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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Before Chief Justice Byrne, Justices Triana and Theofanis Abated and Remanded Filed: June 28, 2023 Do Not Publish