TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00724-CR
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Do Not Publish
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