Ex Parte Dwayne Orlando Sobers v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledOctober 16, 2026
Docket03-26-00681-CR
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00681-CR
Ex Parte Dwayne Orlando Sobers, Appellant
FROM THE 27TH DISTRICT COURT OF BELL COUNTY
NO. FR67923, THE HONORABLE DEBBIE GARRETT, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
On September 11, 2026, this Court sent a notice to appellant informing him that
his brief was overdue and that a failure to file a satisfactory response by September 21, 2026,
would 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 November 30, 2026. See id. R. 38.8(b)(3).
It is so ordered October 16, 2026.
Before Chief Justice Byrne, Justices Kelly and Theofanis
Abated and Remanded
Filed: October 16, 2026
Do Not Publish
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