TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00138-CR
Larry Dewayne Garrett, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW NO. 2 OF BELL COUNTY
NO. 2C1307176, HONORABLE JOHN MICHAEL MISCHTIAN, JUDGE PRESIDING
O R D E R AND M E M O R A N D U M O P I N I O N
PER CURIAM
Appellant’s brief was due on June 6, 2014. On June 13, 2014, we notified appellant’s
court-appointed attorney that the brief was overdue and that if we did not receive a satisfactory
response on or before June 23, 2014, a hearing before the district court pursuant to Tex. R. App. P.
38.8(b) would be ordered. To date, the brief has not been received, nor have we received a response
to our notice.
We therefore abate the cause and remand it to the trial court to hold a hearing in
accordance with rule 38.8 of the Rules of Appellate Procedure. Tex. R. App. P. 38.8(b)(2), (3). The
trial court shall conduct a hearing to determine whether appellant still wishes to prosecute this
appeal and, if so, whether appointed counsel has abandoned the appeal. See id. The trial court shall
make appropriate findings and recommendations. See id. If appellant desires to appeal and present
counsel is not prepared to prosecute this appeal in a timely fashion, the court shall appoint substitute
counsel who will effectively represent appellant on appeal. Following the hearing, which shall be
transcribed, the trial court shall order the appropriate supplemental clerk’s and reporter’s records,
including copies of all findings and any orders, to be prepared and forwarded to the Clerk of this
Court for filing no later than August 25, 2014. See id.
It is ordered July 24, 2014
Before Justices Puryear, Pemberton, and Field
Abated and Remanded
Filed: July 24, 2014
Do Not Publish
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