Mark Skladany v. The State of Texas

Summary

The Texas Court of Appeals, Third District, abated and remanded the criminal appeal because appellant's brief had not been filed by the extended deadline. The trial court was ordered to conduct a hearing under Texas Rule of Appellate Procedure 38.8(b) to determine whether appellant wished to prosecute the appeal and whether counsel had abandoned it, and to make related findings and recommendations.

Holdings

1. When appellant's brief remains unfiled after the appellate court has granted extensions and warned of the consequences of noncompliance, the appeal should be abated and remanded to the trial court for the hearing and findings required by Texas Rule of Appellate Procedure 38.8(b).

Questions Presented

1. Whether the appeal should be abated and remanded for a hearing under Texas Rule of Appellate Procedure 38.8(b) after appellant failed to file his brief despite multiple extensions.
2. Whether the trial court must determine whether appellant wishes to prosecute the appeal and whether appointed counsel has abandoned the appeal.

Disposition

remanded