Opinion
NUMBER 13-14-00571-CR
01-27-2016
GLENNA GUARDADO A/K/A GLENNA BISHOP, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 148th District Court of Nueces County, Texas.
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Benavides
OrderPer Curiam
Appellant's brief was originally due on July 31, 2015. On August 12, 2015, the Clerk of the Court notified appellant's counsel that the brief not been filed, requested counsel to file a response concerning the failure to file the brief within ten days, and warned counsel that the Court would abate and remand this cause to the trial court for appropriate findings if a response was not filed. The brief was not filed.
Accordingly, on September 28, 2015, the Court abated and remanded the matter to the trial court, in accordance with Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, to allow the trial court to conduct a hearing to determine whether appellant desired to prosecute his appeal, whether the appellant was indigent, or if not indigent, whether retained counsel had abandoned the appeal, and to make appropriate findings and recommendations. If the appellant was indigent, we directed the trial court to take such measures as were necessary to assure effective representation of counsel.
The Court received a supplemental clerk's record containing the trial court's findings that appointed counsel should be allowed to file his brief on or before December 23, 2015. Accordingly, on December 3, 2015, we notified the parties that the appeal was reinstated and that appellant's brief was due to be filed by December 23, 2015, in accordance with the trial court's findings.
On December 29, 2015, this Court notified appellant that the appellate brief was due on December 23, 2015, and had not been filed. Appellant was advised that if a proper motion for extension of time to file the brief was not filed within ten days of receipt of this Court's notice, the Court would order the trial court to immediately conduct a hearing to determine the status of the appeal. Appellant failed to file a motion or otherwise respond within the requisite period of time.
We have already abated this matter once because of the tardiness of appellant's brief. See TEX. R. APP. P. 38.8(b)(2) (concerning criminal cases). We see no benefit in a second abatement. Nevertheless, we have a duty to ensure that appellant's rights are protected. Accordingly, it is ORDERED that Nathan Burkett, counsel for appellant, file the appellate brief with this Court on or before 5:00 p.m. on February 22, 2016. If counsel fails to file the brief within the foregoing specified period of time, the Court will act appropriately to ensure that appellant's rights are protected. TEX. R. APP. P. 38.8(b)(4).
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 27th day of January, 2016.