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Garrett v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Feb 23, 2018
NO. 03-17-00082-CR (Tex. App. Feb. 23, 2018)

Opinion

NO. 03-17-00082-CR

02-23-2018

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 on May 10, 2017. On May 22, 2017, this Court sent a notice to appellant's counsel informing him that appellant's 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. We abated the appeal on August 22, 2017, and remanded the cause to the district court for a hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure. We ordered the trial court to make appropriate written findings and recommendations, and if necessary, to appoint substitute counsel who will effectively represent appellant in this appeal. We further ordered the trial court to 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.

Following the hearing, the Comal County District Clerk's office informed the Court in October 2017 and again in December 2017 that the findings and orders have not been filed into record. A supplemental reporter's record was filed on October 9, 2017, indicating that the trial court held a hearing. The transcript from the hearing indicates that appellant's counsel was uncertain about whether appellant wants to pursue his appeal and that appellant was not at the hearing although his counsel had expected him to be. The trial court indicated that it lacked sufficient information to make a finding, but it is unclear from the record when the trial court and appellant's counsel intend to resolve the issue of whether appellant desires to prosecute his appeal. We have since been informed that the trial court has set another hearing for March 12.

Accordingly, we reinstate this case in order to once again abate the appeal and remand the cause 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 March 26, 2018. See Tex. R. App. P. 38.8(b)(3).

It is so ordered February 23, 2018. Before Justices Puryear, Pemberton, and Bourland Abated and Remanded Filed: February 23, 2018 Do Not Publish


Summaries of

Garrett v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Feb 23, 2018
NO. 03-17-00082-CR (Tex. App. Feb. 23, 2018)
Case details for

Garrett v. State

Case Details

Full title:Dylan Scott Garrett, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Feb 23, 2018

Citations

NO. 03-17-00082-CR (Tex. App. Feb. 23, 2018)