The opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00011-CR
Vernard Brown, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT
NO. D-1-DC-15-904067, HONORABLE DAVID CRAIN, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due May 26, 2016. On counsel’s motions, the time
for filing was extended to August 22. On August 26, in response to appellant’s third motion for
extension of time, the Court ordered appellant’s counsel, Mr. Ariel Payan, to file a brief on
appellant’s behalf no later than October 10 and warned that no further extension would be granted
and that failure to file a brief by that date would result in the referral of the cause to the trial court
for a hearing pursuant to Texas Rule of Appellate Procedure 38.8(b). On October 4, Mr. Payan
requested a supplement to the appellate record, and on October 19, a supplemental reporter’s record
was filed with the Court. On October 24, Mr. Payan filed a fourth motion for extension of time,
requesting a new deadline of October 31. To date, he has not filed a brief.
The appeal is abated. 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). The court shall make appropriate findings and recommendations. If
necessary, the court shall appoint substitute counsel who will effectively represent appellant in this
cause. A record from this hearing, including copies of all findings and orders and a transcription of
the court reporter’s notes, shall be forwarded to the Clerk of this Court for filing as a supplemental
record no later than December 5, 2016.
It is ordered November 4, 2016.
Before Justices Puryear, Pemberton, and Field
Abated and Remanded
Filed: November 4, 2016
Do Not Publish
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