Michaiah Sample v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00817-CR
Michaiah Sample, Appellant
v.
The State of Texas, Appellee
FROM THE 167TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-15-600084, THE HONORABLE P. DAVID WAHLBERG, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due March 6, 2020. After this Court granted
multiple motions requesting an extension of time to file his brief, appellant’s brief was due
August 24, 2020. In granting the most recent extension, this Court advised counsel that no
further extensions would be granted. 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. 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 November 2, 2020. See id. R. 38.8(b)(3).
It is so ordered October 2, 2020.
Before Chief Justice Rose, Justices Baker and Kelly
Abated and Remanded
Filed: October 2, 2020
Do Not Publish
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