Opinion
03-24-00295-CR
10-15-2024
George Dale Simmons, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 119TH DISTRICT COURT OF TOM GREEN COUNTY NO. B-23-0615-SA, THE HONORABLE LEE HAMILTON, JUDGE PRESIDING
Before Byrne Chief Justice, Triana and Kelly Justices.
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant's brief was originally due September 6, 2024. On September 16, 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 September 26, 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.
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 November 14, 2024. See id. R. 38.8(b)(3). It is so ordered October 15, 2024.
Abated and Remanded.