Opinion
10-23-00263-CR
06-26-2024
JONATHAN PAUL GARCIA, Appellant v. THE STATE OF TEXAS, Appellee
From the 443rd District Court Ellis County, Texas Trial Court No. 47758CR
Before Chief Justice Gray, Justice Johnson, and Justice SmithABATEMENT ORDER
PER CURIAM
Appellant's brief in this appeal was due May 29, 2024. The Clerk of this Court warned Appellant by letter dated May 31, 2024 that this appeal would be abated if no brief or satisfactory response was filed within 14 days from the date of the letter. More than 14 days have passed, and no brief or response has been filed.
Accordingly, we ABATE this appeal and remand the case to the trial court to conduct any necessary hearing within 21 days of the date of this Order pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3). If Appellant is indigent, the trial court is ordered to determine whether Appellant is receiving effective assistance of counsel, and if not, whether to appoint new counsel to represent Appellant effectively. If no new counsel is appointed, the trial court shall determine a date certain when Appellant's counsel will file the Appellant's brief with this Court and state it on the record.
The supplemental clerk's and reporter's records required by Texas Rule of Appellate Procedure 38.8(b)(3), if any, are ordered to be filed within 28 days from the date of this Order.
Appeal abated.