Robert John Markwell, Jr. v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00526-CR
Robert John Markwell, Jr., Appellant
v.
The State of Texas, Appellee
FROM THE 391ST DISTRICT COURT OF TOM GREEN COUNTY
NO. D-18-0851-SA, THE HONORABLE CARMEN DUSEK, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due December 2, 2019. On January 10, 2020,
this Court sent a notice to appellant informing him that his brief was overdue and that a failure to
file a satisfactory response by January 21, 2020, 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 March 16, 2020. See id. R. 38.8(b)(3).
It is so ordered February 14, 2020.
Before Chief Justice Rose, Justices Baker and Triana
Abated and Remanded
Filed: February 14, 2020
Do Not Publish
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