Stephen Tracy Meredith v. The State of Texas Appeal from 424th District Court of Burnet County (memorandum opinion per curiam)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00724-CR Stephen Tracy Meredith, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BURNET COUNTY, 424TH JUDICIAL DISTRICT NO. 41286, THE HONORABLE DANIEL H. MILLS, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM After this Court granted appellant s motion requesting an extension of time to file his brief, appellant failed to timely file his brief, and the clerk of this Court sent a letter notifying appellant s court-appointed counsel, Gary E. Prust, that the brief was overdue. In response, counsel filed a second motion requesting an extension of time to file the brief, which this Court granted advising counsel that no further extensions would be granted. To date, the brief has not been tendered for filing and is once again overdue. We abate this appeal and remand the case 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 the appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make appropriate written 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 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 19, 2014. See Tex. R. App. P. 38.8(b)(3). It is so ordered on this the 20th day of October, 2014. Before Chief Justice Jones, Justices Rose and Goodwin Abated and Remanded Filed: October 20. 2014 Do Not Publish 2

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