Full Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-26-00119-CR Ricardo Rico, Appellant v. The State of Texas, Appellee FROM THE 340TH DISTRICT COURT OF TOM GREEN COUNTY NO. C-19-0687-SB, THE HONORABLE TOMMY LAFON, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM Appellant’s brief was originally due April 24, 2026. After this Court granted multiple motions requesting an extension of time to file his brief, appellant’s brief was due September 16, 2026. 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. 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 30, 2026. See id. R. 38.8(b)(3). It is so ordered October 16, 2026. Before Chief Justices Byrne, Justices Kelly and Theofanis Abated and Remanded Filed: October 16, 2026 Do Not Publish 2