Opinion
NO. 03-17-00324-CR
04-27-2018
FROM THE 35TH DISTRICT COURT OF MILLS COUNTY
NO. 3171, THE HONORABLE STEPHEN ELLIS, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant's brief was originally due September 28, 2017. After this Court granted multiple motions requesting an extension of time to file her brief, appellant's brief was due December 29, 2017. On January 19, 2018, this Court sent a notice to appellant informing her that her brief was overdue and that a failure to file a satisfactory response 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 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 May 29, 2018. See Tex. R. App. P. 38.8(b)(3).
It is so ordered April 27, 2018. Before Justices Puryear, Pemberton, and Bourland Abated and Remanded Filed: April 27, 2018 Do Not Publish