Opinion
03-23-00464-CR
03-29-2024
Francisco Rodriguez Martinez, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2016-345, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Smith and Theofanis
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant's brief was originally due January 26, 2024. On February 8, 2024, this Court sent a notice to appellant informing him that his brief was overdue and that a failure to file a satisfactory response by February 20, 2024, 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. To date, appellant has not filed a brief or motion for extension of time.
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 id. R. 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 April 29, 2024. See id. R. 38.8(b)(3).
It is so ordered.
Abated and Remanded