Susan Rae Helton v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledSeptember 29, 2026
Docket03-26-00115-CR
StatusPublished
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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Do Not Publish
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