Julious Lamar Clay v. State ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00351-CR Julious Clay, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 1 OF TOM GREEN COUNTY NO. 13-00019, HONORABLE BEN NOLEN, JUDGE PRESIDING MEMORANDUM OPINION Appellant filed his notice of appeal on May 20, 2013, the clerk’s record was filed on June 13, and the reporter’s record was filed on August 9. Appellant’s brief was therefore originally due on September 9, 2013. See Tex. R. App. P. 38.6(a). Appellant has requested and received four extensions of time, the most recent deadline being February 3, 2014, but the brief has not been received to date. The appeal is therefore abated. The trial court shall conduct a hearing to determine whether appellant still wishes to pursue his appeal, whether appellant is indigent, and whether counsel has abandoned the appeal. See Tex. R. App. P. 38.8(b). The court shall make appropriate findings and recommendations, and a supplemental record from this hearing, including copies of all findings and orders and a transcription of the court reporter’s notes, shall be forwarded to the clerk of this Court no later than March 31, 2014. See Tex. R. App. P. 38.8(b)(3). __________________________________________ David Puryear, Justice Before Justices Puryear. Goodwin, and Field Abated Filed: February 12, 2014 Do Not Publish 2