Kyle Taylor v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 24, 2024
• Docket: 03-23-00514-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00514-CR

Kyle Taylor, Appellant

v.

The State of Texas, Appellee

FROM THE 167TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-23-200257, THE HONORABLE DAYNA BLAZEY, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due January 8, 2024. On March 11, 2024, this

Court ordered appellant to file his brief by April 19, 2024, and informed him that a failure to file

his brief 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. To date, the brief has not been tendered for filing

and 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 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 May 24, 2024. See id. R. 38.8(b)(3).

It is so ordered April 24, 2024.

Before Justices Baker, Triana and Kelly

Abated and Remanded

Filed: April 24, 2024

Do Not Publish