Opinion
NO. 03-14-00701-CR
01-27-2016
Barry Pizzo, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT
NO. CR2013-146, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDINGORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant's brief was originally due April 10, 2015. After this Court granted multiple motions requesting an extension of time to file his brief, appellant's brief was due January 14, 2016. In granting the most recent extension, this Court advised counsel that no further extensions would be granted. To date, the brief has not been tendered for filing and is overdue.
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 Tex. R. App. P. 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 February 10, 2016. See Tex. R. App. P. 38.8(b)(3).
It is so ordered on this the 27th day of January, 2016. Before Justices Puryear, Goodwin, and Field Abated and Remanded Filed: January 27, 2016 Do Not Publish