TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00652-CR

Robert Williams, Appellant v. The State of Texas, Appellee

FROM THE 424TH DISTRICT COURT OF LLANO COUNTY NO. CR8460, THE HONORABLE EVAN C. STUBBS, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM Appellant’s brief was originally due December 21, 2022. After this Court granted multiple motions requesting an extension of time to file his brief, appellant’s brief was due April 20, 2023. In granting the most recent extension, this Court advised counsel that no further extensions would be granted and that a failure to file a brief 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, 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 May 26, 2023. See id. R. 38.8(b)(3).

It is so ordered April 27, 2023.

Before Chief Justice Byrne, Justices Triana and Theofanis Abated and Remanded Filed: April 27, 2023 Do Not Publish