Jerome Yancey v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00251-CR

Jerome Yancey, Appellant

v.

The State of Texas, Appellee

FROM THE 460TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-19-300876, THE HONORABLE SELENA ALVARENGA, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM Appellant’s brief was originally due September 27, 2023. To date, the brief has not been tendered for filing and is overdue. On October 11, 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 October 23, 2023, 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

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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 April 15, 2024. See id. R. 38.8(b)(3). We dismiss the State’s motion to abate as moot.

It is so ordered March 13, 2024.

Before Chief Justice Byrne, Justices Smith and Theofanis Abated and Remanded Filed: March 13, 2024 Do Not Publish