Garry Lynn Jennings v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00496-CR

Garry Lynn Jennings, Appellant v. The State of Texas, Appellee

FROM THE 391ST DISTRICT COURT OF TOM GREEN COUNTY NO. D-17-0985-SB, THE HONORABLE BRAD GOODWIN, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM Appellant’s brief was originally due January 9, 2023. On February 15, 2023, 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 27, 2023, 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 a 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 May 19, 2023. See id. R. 38.8(b)(3).

It is so ordered April 14, 2023.

Before Justices Baker, Smith, and Jones* Abated and Remanded Filed: April 14, 2023 Do Not Publish * Before J. Woodfin Jones, Chief Justice (Retired), Third Court of Appeals, sitting by assignment. See Tex. Gov’t Code § 74.003(b).