Opinion
13-23-00339-CR
06-06-2024
MIGUEL GARCIA GONZALEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 437TH DISTRICT COURT OF BEXAR COUNTY, TEXAS
Before Contreras Chief Justice and Tijerina and Peña Justices.
ORDER OF ABATEMENT
PER CURIAM
The cause is before the Court on its own motion. On July 3, 2023, appellant filed a notice of appeal attempting to appeal a judgment of conviction and sentence entered in trial court cause number 2021CR8201. On July 10, 2023, the trial court appointed Karl A. Basile to represent appellant on this appeal.
After considerable delay, on February 12, 2024, we ordered this appeal abated for the trial court to determine whether the appeal had been abandoned or whether new counsel should be appointed. On April 17, 2024, the trial court issued findings that the appeal had not been abandoned by either appellant or appellant's counsel and that the delay in briefing was due to appellant's counsel's family/medical reasons which had been resolved.
On April 29, 2024, the cause was reinstated, and the Clerk of the Court notified appellant's counsel that the brief was still past due. Appellant's counsel again failed to file a brief, request an extension, or reply to the Clerk's notice. Accordingly, on May 14,2024, we ordered appellant's counsel to file the brief on or before May 31, 2024. Again, appellant's counsel has failed to file the brief as ordered.
Appellant's counsel has failed to file a brief, request an extension, or otherwise explain the delay. This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 44.3 and 44.4. Accordingly, this appeal is abated, and the cause remanded to the trial court. Upon remand, the trial court shall again determine (1) whether appellant wishes to pursue his appeal; (2) whether appellant has effectively abandoned the appeal; (3) if counsel has abandoned the representation of appellant; (4) whether current counsel can file appellant's brief on or before June 28, 2024; (5) whether appellant's rights are adversely affected by a continued delay; (6) whether appellant is indigent and new counsel should be appointed; and (7) if any other orders are necessary to ensure the proper and timely pursuit of appellant's appeal.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared.
The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court within TWENTY days from the date of this order.