George Dale Simmons v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 15, 2024
• Docket: 03-24-00295-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00295-CR

George Dale Simmons, Appellant

v.

The State of Texas, Appellee

FROM THE 119TH DISTRICT COURT OF TOM GREEN COUNTY NO. B-23-0615-SA, THE HONORABLE LEE HAMILTON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due September 6, 2024. On September 16, 2024,

this Court sent a notice to appellant informing him that his brief was overdue and that a failure to

file a satisfactory response by September 26, 2024 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.

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 November 14, 2024. See id. R. 38.8(b)(3).

It is so ordered October 15, 2024.

Before Chief Justice Byrne, Justices Triana and Kelly

Abated and Remanded

Filed: October 15, 2024

Do Not Publish