Shane Allen MacHicek v. the State of Texas

• Court: Texas Court of Appeals, 3rd District (Austin)
• Decided: June 26, 2026
• Docket: 03-25-00791-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00791-CR

Shane Allen Machicek, Appellant

v.

The State of Texas, Appellee

FROM THE 155TH DISTRICT COURT OF FAYETTE COUNTY NO. 2023R-252, THE HONORABLE JEFF R. STEINHAUSER, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due February 11, 2026. After this Court granted

multiple motions requesting an extension of time to file her brief, appellant’s brief was due

June 15, 2026. In granting the most recent extension, this Court advised counsel that no further

extensions would be granted. 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 July 10, 2026. See id. R. 38.8(b)(3).

It is so ordered June 26, 2026.

Before Chief Justice Byrne, Justices Theofanis and Crump

Abated and Remanded

Filed: June 26, 2026

Do Not Publish