Jacob William Frahm v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00466-CR

Jacob William Frahm, Appellant

v.

The State of Texas, Appellee

FROM THE 466TH DISTRICT COURT OF COMAL COUNTY
NO. CR2023-766E, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due September 15, 2025. To date, the brief has not

been tendered for filing and is overdue. On September 30, 2025, this Court sent a notice to

appellant informing him that his brief was overdue and that failure to file a motion for extension

of time or a brief accompanied by a motion for extension of time by October 10, 2025, 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 21, 2025. See id. R. 38.8(b)(3).

It is so ordered November 5, 2025.

Before Justices Triana, Kelly, and Theofanis

Abated and Remanded

Filed: November 5, 2025

Do Not Publish

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