TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00695-CR
NO. 03-15-00696-CR
Justin Michael Johnson, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT
NO. D-1-DC-13-300332 & D-1-DC-13-300333
HONORABLE CLIFFORD A. BROWN, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Counsel for appellant sought and received extensions of time to file appellant’s brief,
resulting in a July 29, 2016 deadline. We cautioned counsel that failure to file brief by that date
would result in the referral of the appeals to the trial court pursuant to rule 38.8(b). To date, the brief
has not been filed.
The appeal is therefore abated. The trial court shall conduct a hearing to determine
whether appellant still wishes to pursue his appeal and whether appellant is indigent. See Tex. R.
App. P. 38.8(b)(2), (3). The court shall make appropriate findings and recommendations, including
determining whether new counsel should be appointed to assist appellant, and a supplemental record
from this hearing, including copies to the court’s findings and orders and a transcription of the court
reporter’s notes, shall be forwarded to the Clerk of this Court no later than September 26, 2016.
See id. R. 38.8(b)(3).
It is ordered August 26, 2016.
Before Justices Puryear, Pemberton, and Field
Abated and Remanded
Filed: August 26, 2016
Do Not Publish
2
Justin Michael Johnson v. State
Combined Opinion