The State of
Fourth Court of Appeals
San Antonio, Texas
September 28, 2015
No. 04-15-00295-CR
Gary Lee AVANT,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR5555
Honorable Jefferson Moore, Judge Presiding
ORDER
Appellant’s brief was due September 9, 2015, but it was not filed. This court notified
appellant’s counsel, William L. Baskette, of the deficiency by letter on September 14, 2015. See
Tex. R. App. P. 38.8(b)(2). Our letter advised counsel that this appeal would be abated for an
abandonment hearing if he failed to timely respond.
Baskette has not filed appellant’s brief or otherwise responded to our letter. Pursuant to
Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we abate this appeal, remand the
case to the trial court, and order the trial court to conduct a hearing to determine:
(1) whether appellant desires to prosecute his appeal, and
(2) whether counsel has abandoned the appeal. The trial court must take steps to ensure
effective assistance of counsel, including the appointment of new counsel if necessary.
Because sanctions may be necessary, the trial court should make a finding as to whether
William L. Baskette abandoned the appeal even if new counsel is retained or substituted.
The trial court may, in its discretion, receive evidence on the first issue by sworn affidavit
from the appellant. The trial court shall, however, order appellant’s counsel to be present at the
hearing.
The trial court is further ordered to make written findings and conclusions on these
issues. The clerk and court reporter are ordered to file in this court, no later than October 28,
2015, (1) a reporter’s record of the hearing, and (2) a supplemental clerk’s record containing the
court’s written findings of fact, conclusions of law, and recommendations addressing the above
issues. See Tex. R. App. P. 38.8(b)(3).
_________________________________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 28th day of September, 2015.
___________________________________
Keith E. Hottle
Clerk of Court