TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-17-00661-CR
Austin Ray Carpenter, Appellant
v.
The State of Texas, Appellee
FROM THE 119TH DISTRICT COURT OF TOM GREEN COUNTY
NO. B-16-0348-SB, THE HONORABLE MARTIN (BROCK) JONES, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due December 15, 2017. On April 12, 2018, this
Court sent a notice to appellant informing him that his brief was overdue and that a failure to file
a satisfactory response by April 23, 2018, would result in the referral of this case to the trial court
for a hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure.
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 id. R. 38.8(b)(2), (3). If necessary, the
court shall appoint substitute counsel who will effectively represent appellant in this appeal.
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 July 12, 2018. See id. R. 38.8(b)(3).
It is so ordered June 12, 2018.
Before Chief Justice Rose, Justices Goodwin and Field
Abated and Remanded
Filed: June 12, 2018
Do Not Publish
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