Court of Appeals of Texas, Fourth District, San Antonio
From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2012CRR107-D1 Honorable Jose A. Lopez, Judge Presiding
Rebeca C. Martinez, Justice
Appellant's brief was originally due on November 8, 2013. On November 14, 2013, we notified appellant that the brief was late, and requested that appellant respond in writing within ten days, stating a reasonable explanation for failing to timely file the brief. Appellant was further warned that we would abate this appeal to the trial court for an abandonment hearing if we did not receive an adequate response. See Tex. R. App. P. 38.8(b)(2). To date, neither a response nor appellant's brief has been filed.
Accordingly, pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we ABATE this case to the trial court and ORDER the trial court to conduct a hearing to answer the following questions:
(1)Does appellant desire to prosecute his appeal?
(2)Is appellant indigent? If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
(3)Has appointed or retained counsel abandoned the appeal? Because sanctions may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing.
The trial court may, in its discretion, receive evidence on the first two questions by sworn affidavit from the appellant. The trial court shall, however, order the appellant's counsel to be present at the hearing
The trial court is further ORDERED to file supplemental clerk's and reporter's records in this court, no later than thirty days after the date of this order, which shall include: (1) a transcription of the hearing and copies of any documentary evidence admitted, (2) written findings of fact and conclusions of law, and (3) recommendations addressing the above ...