TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00555-CR
John Terry, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW NO. 3 OF TRAVIS COUNTY
NO. C-1-CR-11-202939, HONORABLE JOHN LIPSCOMBE, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant filed his notice of appeal on September 3, 2014. His brief was due on
June 8, 2015. On June 17, 2015, this Court informed appellant’s counsel that appellant’s brief was
overdue and that we would refer the matter to the trial court for a hearing if we did not receive a
response by June 29, 2015.
To date, appellant’s brief has not been filed and his appointed counsel has not
responded to our notice. We therefore abate this appeal and remand the case to the trial court. The
trial court shall conduct a hearing to determine whether appellant wishes to pursue this appeal and,
if so, whether counsel has abandoned the appeal. See Tex. R. App. P. 38.8(b)(2), (3). If necessary,
the trial court shall appoint substitute counsel who will effectively represent appellant in this appeal.
The trial court shall make appropriate written findings and recommendations. See Tex. R. App. P.
38.8(b)(2), (3). 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 September 11, 2015. See Tex. R. App. P.
38.8(b)(3).
It is so ordered this 12th day of August, 2015.
Before Justices Puryear, Goodwin, and Bourland
Abated and Remanded
Filed: August 12, 2015
Do Not Publish
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