Scott Anthony Gunn v. State

• Court: Court of Appeals of Texas
• Decided: May 8, 2009
• Docket: 03-08-00630-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-08-00630-CR

Scott Anthony Gunn, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT

NO. 8161, HONORABLE JOE CARROLL, JUDGE PRESIDING

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

Appellant's brief on appeal was originally due January 5, 2009. On counsel's motion, the time for filing was extended to February 13, 2009. No brief has been filed on appellant's behalf and no further extension of time for filing has been sought. Appellant's appointed attorney, Scott K. Stevens, did not respond to this Court's notice that the brief is overdue.

The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether counsel has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If necessary, the court shall appoint substitute counsel who will effectively represent appellant in this cause. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter's notes, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than June 5, 2009. Tex. R. App. P. 38.8(b)(3).

___________________________________________

Diane M. Henson, Justice

Before Chief Justice Jones, Justices Puryear and Henson

Abated

Filed: May 8, 2009

Do Not Publish