Ricardo Rico v. The State of Texas — Memorandum Opinion Per Curiam

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
O R D E R 	A N D 	M E M O R A N D U M 	O P I N I O N
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.

2
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Do Not Publish