Raymond Paul Schmidt, III v. State ( 2018 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00217-CR
Raymond Paul Schmidt, III, Appellant
v.
The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY
NO. CR2014-075, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was due September 17, 2018. On October 3, 2018, 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 15, 2018, 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 January 25, 2019. See id. R. 38.8(b)(3).
It is so ordered December 19, 2018.
Before Chief Justice Rose, Justices Field and Toth
Abated and Remanded
Filed: December 19, 2018
Do Not Publish
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