Jerome Yancey v. the State of Texas ( 2024 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00251-CR
Jerome Yancey, Appellant
v.
The State of Texas, Appellee
FROM THE 460TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-19-300876, THE HONORABLE SELENA ALVARENGA, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due September 27, 2023. To date, the brief has
not been tendered for filing and is overdue. On October 11, 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 October 23, 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.
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 15, 2024. See id. R. 38.8(b)(3). We dismiss the
State’s motion to abate as moot.
It is so ordered March 13, 2024.
Before Chief Justice Byrne, Justices Smith and Theofanis
Abated and Remanded
Filed: March 13, 2024
Do Not Publish
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