Matthew Kyle Castilleja, Appellant v. The State of Texas, Appellee

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Court of Appeals of Texas, Austin.

Matthew Kyle Castilleja, Appellant v. The State of Texas, Appellee

NO. 03-17-00498-CR

Decided: February 16, 2018

Before Justices Puryear, Pemberton, and Bourland


Appellant's brief was originally due October 5, 2017. On October 23, 2017, this Court sent a notice to appellant informing him that his brief was overdue and that a failure to file a satisfactory response by November 2, 2017 would result in the referral of this case to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure.

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. 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 19, 2018. See id. R. 38.8(b)(3).

It is so ordered February 16, 2018.

Abated and Remanded


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