Gregory Lopez v. State ( 2014 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-13-00852-CR
    Gregory Lopez, Appellant
    v.
    The State of Texas, Appellee
    FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT
    NO. CR2012-396, HONORABLE GARY L. STEEL, JUDGE PRESIDING
    ORDER AND MEMORANDUM OPINION
    PER CURIAM
    On September 19, 2014, this Court granted appellant’s second motion for extension
    of time to file appellant’s brief and ordered that appellant’s brief be filed no later than November 17,
    2014. In this Court’s order, we notified appellant’s appointed counsel that a failure to comply with
    the order 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 filed.
    We therefore abate the cause and remand it to the trial court to hold a hearing in
    accordance with Rule 38.8. See Tex. R. App. P. 38.8(b)(2), (3). The trial court shall conduct a
    hearing to determine whether appellant still wishes to prosecute this appeal and, if so, whether
    appointed counsel has abandoned the appeal. See 
    id. The trial
    court shall make appropriate findings
    and recommendations. If appellant desires to appeal and present counsel is not prepared to prosecute
    this appeal in a timely fashion, the court shall appoint substitute counsel who will effectively
    represent appellant on appeal. See 
    id. Following the
    hearing, the trial court shall order the
    appropriate supplemental reporter’s and clerk’s records, including any order and findings, to be
    prepared and forwarded to the Clerk of this Court no later than December 19, 2014. See 
    id. It is
    so ordered this 4th day of December 2014.
    Before Justices Puryear, Pemberton, and Field
    Abated and Remanded
    Filed: December 4, 2014
    Do Not Publish
    2
    

Document Info

Docket Number: 03-13-00852-CR

Filed Date: 12/4/2014

Precedential Status: Precedential

Modified Date: 12/4/2014