John Frederick Bellard v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 17, 2025
• Docket: 03-25-00308-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00308-CR

John Frederick Bellard, Appellant

v.

The State of Texas, Appellee

FROM THE 274TH DISTRICT COURT OF COMAL COUNTY NO. CR2023-816C, THE HONORABLE GARY L. STEEL, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due September 1, 2025. On September 11, 2025,

this Court sent a notice to counsel informing him that his brief was overdue and that if this Court

did not receive a motion for extension of time or a brief accompanied by a motion for extension

of time by September 22, 2025, the case could be referred to the trial court for a hearing under

Rule 38.8(b) of the Texas Rules of Appellate Procedure. To date, this Court has received neither

a brief nor motion for extension of time from counsel.

The appeal is therefore 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 October 24, 2025. See id. R. 38.8(b)(3).

It is so ordered October 17, 2025.

Before Justices Triana, Kelly, and Theofanis

Abated and Remanded

Filed: October 17, 2025

Do Not Publish