Dalana Watson v. the State of Texas ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00278-CR
Dalana Watson, Appellant
v.
The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF HAYS COUNTY
NO. CR-19-2917-B, THE HONORABLE JACK H. ROBISON, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due January 9, 2023. After this Court granted
appellant’s counsel an extension of time to file her brief, appellant’s brief was due February 8,
2023. To date, the brief has not been tendered for filing and is overdue. On February 21, 2023,
this Court sent notice to appellant’s counsel informing her that her brief was overdue and that a
failure to file a satisfactory response by March 3, 2023, may 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, no response has been filed.
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 April 7, 2023. See id. R. 38.8(b)(3).
It is so ordered March 8, 2023.
Before Chief Justice Byrne, Justices Triana and Theofanis
Abated and Remanded
Filed: March 8, 2023
Do Not Publish
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