Opinion
No. 04-13-00015-CR
06-12-2013
Leopoldo Ortiz RAMIREZ, Appellant v. The STATE of Texas, Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2007CR10902
Honorable Sid L. Harle, Judge Presiding
ORDER
On May 2, 2013, we abated this appeal and remanded the cause to the trial court for a hearing pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure. Appellant Leopoldo Ortiz Ramirez appeared and advised the trial court he desires to continue the appeal. Although the trial court found that appointed counsel had not abandoned the appeal, the court appointed new appellate counsel in the interest of justice. A reporter's record of the hearing and a supplemental record containing the trial court's findings and order appointing George E. Shaffer to represent Ramirez have been filed.
We reinstate this appeal on the active docket of this court.
On June 3, Ramirez's newly appointed attorney filed a letter in which he requested leave to file an out-of-time motion for new trial. Alternatively, he requests "that the Trial Court be directed to conduct a hearing so Appellant can voice the basis for seeking to appeal." Counsel's letter does not provide the court any argument or authority in support of these requests. We therefore deny the requests without prejudice to reurging them as points in appellant's brief.
We order appellant's brief due July 12, 2013.
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Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of June, 2013.
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Keith E. Hottle
Clerk of Court