Isreal Reyes, Sr. v. The State of Texas Appeal from 207th District Court of Comal County (memorandum opinion per curiam)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-14-00328-CR Isreal Reyes, Sr., Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2012-427, THE HONORABLE JACK H. ROBISON, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM Appellant s brief was due September 4, 2014. The brief has not been received and appellant s court-appointed attorney, Joseph E. Garcia, did not respond to this Court s notice that the brief is 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 Before Chief Justice Jones, Justices Rose and Goodwin Abated and Remanded Filed: October 20, 2014 Do Not Publish 2

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