Opinion
NO. 03-13-00724-CR
10-20-2014
Stephen Tracy Meredith, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF BURNET COUNTY, 424TH JUDICIAL DISTRICT
NO. 41286, THE HONORABLE DANIEL H. MILLS, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
After this Court granted appellant's motion requesting an extension of time to file his brief, appellant failed to timely file his brief, and the clerk of this Court sent a letter notifying appellant's court-appointed counsel, Gary E. Prust, that the brief was overdue. In response, counsel filed a second motion requesting an extension of time to file the brief, which this Court granted advising counsel that no further extensions would be granted. To date, the brief has not been tendered for filing and is once again overdue.
We abate this appeal and remand the case 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 the appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make appropriate written findings and recommendations. See Tex. R. App. P. 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 November 19, 2014. See Tex. R. App. P. 38.8(b)(3).
It is so ordered on this the 20th day of October, 2014. Before Chief Justice Jones, Justices Rose and Goodwin Abated and Remanded Filed: October 20. 2014 Do Not Publish