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Date: 10-30-2020

Case Style:

Whitney Charles Frilot v. The State of Texas

Case Number: 03-19-00801-CR

Judge: Before Chief Justice Rose, Justices Baker and Kelly

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Plaintiff's Attorney: Mr. Joshua D. Presley
The Honorable Stacey M. Soule
Mr. Sammy M. McCrary

Defendant's Attorney:


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Description:

New Braunfels, Texas - Criminal defense lawyer represented defendant Whitney Charles Frilot becase Appellant’s brief was originally due March 16, 2020. After this Court granted multiple motions requesting an extension of time to file his brief, appellant’s brief was due July 30, 2020. 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



Appellant’s brief was originally due March 16, 2020. After this Court granted
multiple motions requesting an extension of time to file his brief, appellant’s brief was due
July 30, 2020. 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.

Outcome: 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 November 2, 2020. See id. R. 38.8(b)(3).

It is so ordered October 2, 2020.

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