Full Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-26-00115-CR Susan Rae Helton, Appellant v. The State of Texas, Appellee FROM THE 466TH DISTRICT COURT OF COMAL COUNTY NO. CR2020-217E, THE HONORABLE DON R. BURGESS, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM Appellant’s brief was originally due July 1, 2026. After this Court granted counsel’s motion requesting an extension of time to file the brief, appellant’s brief was due September 8, 2026. In granting the 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. On September 14, 2026, this Court sent a notice to counsel informing him that appellant’s brief was overdue and that a failure to file a satisfactory response by September 24, 2026, could result in the referral of this case to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure. 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 October 28, 2026. See id. R. 38.8(b)(3). It is so ordered September 29, 2026. Before Justices Triana, Crump, and Ellis Abated and Remanded Filed: September 29, 2026 Do Not Publish 2