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Martinez v. State

Fourth Court of Appeals San Antonio, Texas
Nov 1, 2019
No. 04-19-00084-CR (Tex. App. Nov. 1, 2019)

Opinion

No. 04-19-00084-CR

11-01-2019

Gabriel MARTINEZ, Appellant v. The STATE of Texas, Appellee


From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR7552
Honorable Ron Rangel, Judge Presiding

ORDER

On July 31, 2019, pursuant to rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we abated this appeal to the trial court and ordered it to conduct a hearing on or before August 21, 2019 to determine whether appellant desired to prosecute his appeal, was indigent, and if so, to appoint counsel. After receiving an extension of time, the trial court held a hearing on October 4, 2019. At the hearing, the trial court found appellant to be indigent and that he desired to pursue his appeal. The trial court also found appellant's counsel Patrick Montgomery did not desire to abandon the appeal and would continue to represent him. The supplemental records were filed on October 25, 2019.

Based on the foregoing, we ORDER the abatement lifted and the appellate deadlines reinstated. We further ORDER appellant's counsel, Patrick Montgomery, to file appellant's brief within December 2, 2019. We advise counsel that because the brief was originally due July 31, 2019, additional requests for extensions of time to file appellant's brief will be strictly reviewed.

/s/_________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of November, 2019.

/s/_________

LUZ ESTRADA,

Chief Deputy Clerk


Summaries of

Martinez v. State

Fourth Court of Appeals San Antonio, Texas
Nov 1, 2019
No. 04-19-00084-CR (Tex. App. Nov. 1, 2019)
Case details for

Martinez v. State

Case Details

Full title:Gabriel MARTINEZ, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 1, 2019

Citations

No. 04-19-00084-CR (Tex. App. Nov. 1, 2019)