Endicott McCray v. The State of Texas Appeal from 147th District Court of Travis County (memorandum opinion per curiam)

Annotate this Case

Download PDF

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00734-CR Endicott McCray, Appellant v. The State of Texas, Appellee FROM THE 147TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-16-301466, THE HONORABLE CLIFFORD A. BROWN, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM Appellant’s brief was originally due May 30, 2018. After this Court granted multiple motions requesting an extension of time to file his brief, appellant’s brief was due September 27, 2018. 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 March 14, 2019. See id. R. 38.8(b)(3). It is so ordered February 12, 2019. Before Chief Justice Rose, Justices Triana and Smith Abated and Remanded Filed: February 12, 2019 Do Not Publish 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.