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Date: 10-30-2020

Case Style:

Michaiah Sample v. The State of Texas

Case Number: 03-19-00817-CR

Judge:

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

Plaintiff's Attorney: The Honorable Margaret M. Moore
The Honorable Stacey M. Soule

Defendant's Attorney:


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Description:

Austin, TX - Criminal defense lawyer represented defendant Michaiah Sample with Appellant’s brief was originally due March 6, 2020. After this Court granted multiple motions requesting an extension of time to file his brief, appellant’s brief was due August 24, 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).

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

It is so ordered October 2, 2020.

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