Christopher Joe Bradshaw, Sr. v. the State of Texas ( 2024 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00356-CR
Christopher Joe Bradshaw, Sr., Appellant
v.
The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY
NO. CR2019-435, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due November 16, 2023. On February 21, 2024,
this Court ordered appellant to file his brief by March 27, 2024, and informed him that no further
extensions would be granted and that a failure to file his 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. 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 June 17, 2024. See id. R. 38.8(b)(3).
It is so ordered May 17, 2024.
Before Justices Baker, Triana, and Kelly
Abated and Remanded
Filed: May 17, 2024
Do Not Publish
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