Victoria Curl v. The State of Texas

Summary

The Texas Court of Appeals for the Third District abated and remanded the criminal appeal after appellant’s brief was not filed and counsel did not respond to the court’s overdue-brief notice. The trial court was directed to determine whether appellant wished to prosecute the appeal, whether counsel had abandoned it, and whether substitute counsel was necessary, and to prepare supplemental records.

Holdings

1. When an appellant's brief is overdue and counsel fails to provide a satisfactory response after notice, the appellate court may abate the appeal and remand it to the trial court for a hearing to determine whether the appellant wishes to prosecute the appeal and whether counsel has abandoned it.

Questions Presented

1. Whether the appeal should be abated and remanded for a hearing to determine whether appellant desires to prosecute the appeal and whether counsel has abandoned the appeal when appellant's brief is overdue and counsel has not responded to notice.

Disposition

remanded