TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-16-00671-CR

Joshua Moreno, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2016-157, HONORABLE JACK H. ROBISON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM Appellant’s brief was due February 16, 2017. On February 27, this Court sent a notice to appellant’s counsel that his brief was overdue and that if this Court did not receive a satisfactory response by March 9, a hearing before the trial court would be ordered. See Tex. R. App. P. 38.8(b). Counsel has not filed a brief or responded to the notice.

The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether counsel has abandoned the appeal.

See id. The court shall make appropriate findings and recommendations. If necessary, the court shall appoint substitute counsel who will effectively represent appellant in this cause. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter’s notes, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than May 8, 2017. See id. R. 38.8(b)(3).

It is ordered on April 7, 2017.

Before Justices Puryear, Pemberton, and Goodwin Abated and Remanded Filed: April 7, 2017 Do Not Publish