Opinion
04-23-00384-CR
07-26-2023
Juan SANCHEZ, Appellant v. The STATE of Texas, Appellee
From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR11560 Honorable Jennifer Peña, Judge Presiding
ORDER
Liza A. Rodriguez, Justice.
Appellant's brief was originally due on July 3, 2023. When no appellant's brief was filed, we notified appellant's counsel, Karl A. Basile, of the deficiency. Tex.R.App.P. 38.8(b)(2). We received no response. To date, Mr. Basile has not filed appellant's brief. Therefore, pursuant to Texas Rule of Appellate Procedure 38.8(b)(2), we abate this case to the trial court 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?
(a)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.
(b) If the trial court finds that appellant is not indigent, the trial court should determine whether appellant has made the necessary arrangements for filing a brief.
(3) Has appointed counsel, Mr. Basile, abandoned the appeal? The trial court should address this issue even if new counsel is substituted before the date of the hearing. See Tex. R. App. P. 38.8 (b)(4).
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 ORDER the trial court to file its written findings of fact and conclusions of law with the trial court clerk no later than August 25, 2023. We ORDER the trial court clerk to file a supplemental clerk's record in this court no later than ten days after the trial court files its findings of facts and conclusions of law. We further ORDER the court reporter to file in this court a supplemental reporter's record of the hearing, along with copies of any documentary evidence admitted, no later than twenty days after the date of the hearing.
All appellate deadlines are ABATED pending further orders from this court. The pro se motion for an extension of time to file a brief filed by appellant's purported attorney-in-fact is DENIED AS MOOT.