Opinion
NO. 03-17-00082-CR
08-22-2017
Dylan Scott Garrett, Appellant v. The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY
NO. CR2016-500 , THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant's brief was originally due May 10, 2017. On May 22, 2017, this Court sent a notice to appellant's counsel informing him that his brief was overdue and that a failure to file a satisfactory response by June 1, 2017, 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 September 21, 2017. See Tex. R. App. P. 38.8(b)(3).
It is so ordered August 22, 2017. Before Justices Puryear, Field, and Bourland Abated and Remanded Filed: August 22, 2017 Do Not Publish