Javonte Davis v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 30, 2025
• Docket: 03-25-00348-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00348-CR NO. 03-25-00349-CR

Javonte Davis, Appellant

v.

The State of Texas, Appellee

FROM THE 299TH DISTRICT COURT OF TRAVIS COUNTY NOS. D-1-DC-23-302250 & D-1-DC-23-302260, THE HONORABLE KAREN SAGE, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s briefs were due on August 7, 2025. On August 14, 2025, this Court

sent a notice to counsel advising him that that his briefs were overdue and that if we did not

receive briefs or motions for extension of time on or before August 25, 2025, these cases might

be referred to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of

Appellate Procedure. To date, the briefs have not been tendered for filing and are overdue, and

counsel has not filed motions for extension of time.

The appeals are abated and remanded to the trial court. The trial court shall

conduct a hearing to determine whether appellant desires to prosecute these appeals and, if so,

whether counsel has abandoned these appeals. 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

these appeals. 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 October 17, 2025. See id. R. 38.8(b)(3).

It is so ordered on September 30, 2025.

Before Chief Justice Byrne, Justices Crump and Ellis

Abated and Remanded

Filed: September 30, 2025

Do Not Publish