Opinion
NO. 03-19-00817-CR
10-02-2020
Michaiah Sample, Appellant v. The State of Texas, Appellee
FROM THE 167TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-15-600084 , THE HONORABLE P. DAVID WAHLBERG, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant's brief was originally due March 6, 2020. After this Court granted multiple motions requesting an extension of time to file his brief, appellant's brief was due August 24, 2020. 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 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 November 2, 2020. See id. R. 38.8(b)(3).
It is so ordered October 2, 2020. Before Chief Justice Rose, Justices Baker and Kelly Abated and Remanded Filed: October 2, 2020 Do Not Publish