TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00584-CR

Jacob Busbee, Appellant v. The State of Texas, Appellee

FROM THE 403RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-19-904034, THE HONORABLE BRENDA KENNEDY, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM Appellant’s brief was due on November 18, 2019. On January 10, 2020, this Court sent notice to appellant’s counsel informing him that his brief was overdue and that if this Court did not receive a motion for extension of time or a brief accompanied by a motion for extension of time on or before January 21, 2020, a hearing before the trial court may be ordered.

To date, the brief has not been tendered for filing and we have received no motion for extension of time or other response from appellant’s counsel.

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 March 13, 2020. See id. R. 38.8(b)(3).

It is so ordered February 12, 2020.

Before Chief Justice Rose, Justices Baker and Triana Abated and Remanded Filed: February 12, 2020 Do Not Publish