Opinion
08-23-00022-CR
10-04-2023
DAVID ANTHONY CHAPA, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 38th District Court of Real County, Texas (TC# 2017-1288-DR)
Before Rodriguez, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
The Appellant's brief in the above styled and numbered cause was due September 24, 2023 having been granted a first extension. As of the date of this order, no brief or motion for extension of time to file the brief has been filed with this Court.
Therefore, the case is abated, and the Court ORDERS that the trial court conduct a hearing to determine whether Appellant wishes to continue the appeal, is entitled to appointment of new counsel and if Appellant has been deprived of effective assistance of counsel. Further, the trial court shall forward its findings to the District Clerk of Uvalde County, Texas, on or before October 24, 2023. The District Clerk shall prepare and forward a supplemental clerk's record containing the findings and forward the same to this Court on or before November 3, 2023. Further, the transcription of the hearing shall be prepared, certified, and filed with this Court on or before November 3, 2023.
The case shall be abated until November 3, 2023, or the hearing record is received whichever occurs first.
IT IS SO ORDERED.