Unreported / Non-Citable
Background
Ricardo Rico appealed from a case in the 340th District Court of Tom Green County. His appellate brief was originally due April 24, 2026.
After granting multiple extensions, the Third Court of Appeals set September 16, 2026, as the deadline and advised counsel that no further extensions would be granted. Counsel nevertheless had not tendered a brief by the time of the court’s order.
The Court’s Holding
The court abated the appeal and remanded the matter to the trial court for a hearing under Texas Rule of Appellate Procedure 38.8(b). The trial court must determine whether Rico wishes to continue the appeal and, if so, whether his counsel has abandoned it.
The trial court must make written findings and recommendations and, if necessary, appoint substitute counsel capable of effectively representing Rico. The hearing must be transcribed, and the supplemental clerk’s and reporter’s records, including all findings and orders, must be sent to the appellate court by November 30, 2026.
Key Takeaways
- A missed criminal-appellate briefing deadline prompted abatement rather than dismissal.
- The trial court must investigate both the appellant’s desire to proceed and whether appellate counsel abandoned the appeal.
- Substitute counsel must be appointed if necessary, with the resulting record due to the appellate court by November 30, 2026.
Why It Matters
The order applies the procedural protections governing overdue briefs in criminal appeals. Before taking further action, the appellate court required a record establishing whether the defendant still wants to appeal and whether counsel has failed to provide representation.
The decision also underscores that repeated extensions do not eliminate counsel’s obligation to file the brief, while ensuring that counsel’s failure does not automatically end the defendant’s appeal.