TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00075-CR
John Lynn Kolster, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 391ST JUDICIAL DISTRICT
NO. D-14-0523-SB, HONORABLE THOMAS J. GOSSETT, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was due May 29, 2015. The brief has not been received and
appellant’s appointed attorney, Nathan Butler, did not respond to this Court’s notice dated June 17,
2015, 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 the attorney it appointed to represent
appellant 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 September 4, 2015. Id. R. 38.8(b)(3).
It is ordered on August 7, 2015.
Before Chief Justice Rose, Justices Pemberton and Field
Abated and Remanded
Filed: August 7, 2015
Do Not Publish
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