TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00334-CR
Teran Pennick, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 6 OF TRAVIS COUNTY
NO. C-1-CR-13-200027, HONORABLE BRANDY MUELLER, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was due in this Court on December 8, 2014. On December 11, we
notified appellant’s counsel that appellant’s brief was overdue and that if we did not receive a
satisfactory response from counsel on or before December 22, 2014, a hearing before the trial court
pursuant to Tex. R. App. P. 38.8(b) would be ordered. To date, appellant’s brief has not been filed,
nor have we received a response from counsel.
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.1 The trial court shall hold a hearing
immediately to determine whether appellant still wishes to prosecute his appeal, whether appellant
is indigent, and whether counsel has abandoned the appeal.2 If appellant desires to appeal and is
1
Tex. R. App. P. 38.8(b)(2), (3).
2
See id.
indigent, the trial court should make appropriate orders to ensure that appellant is adequately
represented on appeal. See id. Following the hearing, the trial court should order the appropriate
supplementary clerk’s and reporter’s records to be prepared and forwarded to this Court no later than
April 13, 2015.3
It is ordered on March 13, 2015.
Before Justices Puryear, Pemberton, and Bourland
Abated and Remanded
Filed: March 13, 2015
Do Not Publish
3
See id.
2