Opinion
04-23-00013-CR
04-14-2023
Jeffrey Wayne NEWMAN, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 13, Bexar County, Texas Trial Court No. 658978 Honorable Rosie S. Gonzalez, Judge Presiding
ORDER
Beth Watkins, Justice
Appellant's brief was originally due by March 2, 2023 and was not filed. We notified appellant's counsel of the deficiency on March 14, 2023. See Tex. R. App. P. 38.8(b)(2). In that notice, we cautioned appellant that if we did not receive an adequate response by March 24, 2023, we would abate this appeal to the trial court for an abandonment hearing. See id. Neither the brief nor a motion for extension of time to file the brief has been filed.
Pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we ORDER this appeal ABATED 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 appellant. The trial court shall, however, order appellant's counsel to be present at the hearing.
We further ORDER the district clerk and court reporter to file a supplemental clerk's and reporter's records in this court by May 15, 2023, 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 enumerated questions.