Unreported / Non-Citable
Background
Jeremy Dwayne Parker appealed from a case in the 274th District Court of Comal County, where Judge Robert Updegrove presided.
After Parker’s appellate brief became overdue, the Third Court of Appeals notified him on September 21, 2026, that failure to provide a satisfactory response by October 1 would result in referral to the trial court for a hearing under Texas Rule of Appellate Procedure 38.8(b).
The Court’s Holding
The court abated the appeal and remanded the case to the trial court for a hearing to determine whether Parker wished to continue prosecuting the appeal and, if so, whether his counsel had abandoned it.
The trial court was directed to make written findings and recommendations and, if necessary, appoint substitute counsel capable of effectively representing Parker. The court also ordered preparation and transmission of the hearing transcript and appropriate supplemental clerk’s and reporter’s records by November 30, 2026.
Key Takeaways
- The court did not decide the merits of Parker’s criminal appeal.
- An overdue appellate brief triggered the procedures governing possible abandonment of a criminal appeal.
- The trial court must determine Parker’s intent, assess counsel’s status, and appoint substitute counsel if necessary.
Why It Matters
The order illustrates the safeguards Texas appellate courts use before treating a criminal appeal as abandoned when counsel fails to file a required brief. Rather than dismissing the appeal immediately, the court required a trial-court inquiry into the appellant’s wishes and counsel’s performance.