TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00801-CR

Whitney Charles Frilot, Appellant v. The State of Texas, Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2019-089, THE HONORABLE GARY L. STEEL, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM Appellant’s brief was originally due March 16, 2020. After this Court granted multiple motions requesting an extension of time to file his brief, appellant’s brief was due July 30, 2020. In granting the most recent extension, this Court advised counsel that no further extensions would be granted. To date, the brief has not been tendered for filing and is overdue.

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 2, 2020. See id. R. 38.8(b)(3).

It is so ordered October 2, 2020.

Before Chief Justice Rose, Justices Baker and Kelly Abated and Remanded Filed: October 2, 2020 Do Not Publish