TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00618-CR
John Anders, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT
NO. A-99-0301-S, THE HONORABLE MARTIN (BROCK) JONES, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
After three motions for an extension of time to file appellant’s brief were granted by
this Court, appellant’s brief was due March 5, 2015. The brief has not been received and appellant’s
court-appointed attorney, John E. Sutton, did not respond to this Court’s notice that the brief
is overdue.
The appeal is abated and remanded 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 this 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 these appeals. 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 April 29, 2015. See Tex. R. App. P. 38.8(b)(3).
It is so ordered on this the 30th day of March, 2015.
Before Chief Justice Rose, Justices Goodwin and Field
Abated and Remanded
Filed: March 30, 2015
Do Not Publish
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