John Anders v. State

• Court: Court of Appeals of Texas
• Decided: March 30, 2015
• Docket: 03-14-00618-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00618-CR

John Anders, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT NO. A-99-0301-S, THE HONORABLE MARTIN (BROCK) JONES, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

After three motions for an extension of time to file appellant’s brief were granted by

this Court, appellant’s brief was due March 5, 2015. The brief has not been received and appellant’s

court-appointed attorney, John E. Sutton, did not respond to this Court’s notice that the brief

is overdue.

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 Tex. R. App. P. 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 April 29, 2015. See Tex. R. App. P. 38.8(b)(3).

It is so ordered on this the 30th day of March, 2015.

Before Chief Justice Rose, Justices Goodwin and Field

Abated and Remanded

Filed: March 30, 2015

Do Not Publish