Andria Stanley v. The State of TexasAppeal from 390th District Court of Travis County (memorandum opinion per curiam)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00390-CR NO. 03-13-00391-CR NO. 03-13-00392-CR Andria Stanley, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT NOS. D-1-DC-12-300267, D-1-DC-12-300754, & D-1-DC-12-300755 THE HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM Appellant s brief in these appeals was originally due October 28, 2013. In response to a notice that the brief is overdue, appellant s attorney, Alexander Calhoun, filed a motion requesting an extension of time to file the brief. The motion was granted, making the brief due January 16, 2014. No brief was filed. This Court again sent a notice that the brief is overdue. In response to that second notice, counsel again filed a motion requesting an extension of time to file the brief. That motion was granted, making the brief due March 21, 2014, and counsel was advised that no further extensions would be granted. To date, no brief has been filed. These appeals are abated and remanded to the trial court. The trial court shall conduct a hearing to determine whether appellant desires to prosecute these appeals and, if so, whether counsel has abandoned the appeals. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make appropriate findings and recommendations. See Tex. R. App. P. 38.8(b)(2), (3). If necessary, the court shall appoint substitute counsel who will effectively represent appellant in these appeals. 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 May 23, 2014. See Tex. R. App. P. 38.8(b)(3). It is so ordered on this the 24th day of April, 2014. Before Chief Justice Jones, Justices Pemberton and Rose Abated and Remanded Filed: April 24, 2014 Do Not Publish 2

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