Opinion
10-23-00264-CR
03-12-2024
From the County Court at Law Navarro County, Texas Trial Court No. C41835-CR
Before Chief Justice Gray, Justice Johnson, and Justice SmithABATEMENT ORDER
PER CURIAM
Appellant's brief was originally due on January 22, 2024. After a late brief notice was sent by the Clerk of this Court on January 24, 2024, appellant's motion for extension of time to file his brief was filed on February 7, 2024. The motion was granted, and appellant's brief was due March 7, 2024. No brief has been filed by appellant.
Accordingly, we ABATE this appeal and remand the case to the trial court to conduct any necessary hearings within 21 days of the date of this Order pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3). Tex.R.App.P. 38.8(b)(2) & (3). If appellant is indigent, the trial court is also 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 brief will be filed with this Court.
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. See Tex. R. App. P. 38.8(b)(3).
Appeal abated
Order issued and filed March 12, 2024 [RWR]