Kenneth Peter Johnson v. State

• Court: Court of Appeals of Texas
• Decided: August 25, 2011
• Docket: 03-11-00181-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-11-00181-CR

Kenneth Peter Johnson, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT

NO. D-1-DC-08-301377, HONORABLE MICHAEL LYNCH, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

PER CURIAM

Appellant's brief was due in this Court on June 16, 2011. On July 8, we notified appellant's counsel that appellant's brief was overdue and that if we did not receive a satisfactory response from counsel on or before July 18, 2011, a hearing before the district court pursuant to Tex. R. App. P. 38.8(b) would be ordered. To date, appellant's brief has not been filed, nor have we received a response from counsel.

We therefore abate the cause and remand it to the district court to hold a hearing in accordance with rule 38.8 of the rules of appellate procedure. Tex. R. App. P. 38.8(b)(2), (3). The district court shall hold a hearing immediately to determine whether appellant still wishes to prosecute his appeal, whether appellant is indigent, and whether counsel has abandoned the appeal. See id. If appellant desires to appeal and is indigent, the district court should make appropriate orders to ensure that appellant is adequately represented on appeal. See id. Following the hearing, the district court should order the appropriate supplementary clerk's and reporter's records to be prepared and forwarded to this Court no later than September 26, 2011. See id.

Before Chief Justice Jones, Justices Pemberton and Henson

Abated

Filed: August 25, 2011

Do Not Publish