Opinion
CAUSE NO. 12-16-00034-CR
06-28-2016
DANIEL ULTIMO, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 3RD DISTRICT COURT IN AND FOR HOUSTON COUNTY, TEXAS
ORDER
Appellant is represented by Mr. Colin McFall, appointed counsel. On April 27, 2016, the time to file appellant's brief expired without a brief or a motion for extension of time. TEX. R. APP. P. 38.6(a). Pursuant to TEX. R. APP. P. 38.8(b), counsel was notified on April 29, 2016 and again on June 2, 2016, that his brief was past due and motions for extension of time to file brief were granted to extend the time for filing Appellant's brief to and including June 27, 2016. No satisfactory response has been received.
Pursuant to TEX. R. APP. P. 38.8(b)(3), it is ORDERED that Honorable Mark A. Calhoon, Judge of the 3rd District Court of Houston County, Texas, shall immediately conduct a hearing to determine (1) whether the appellant still desires to prosecute his appeal; (2) whether the appellant is indigent and either needs counsel appointed, or appellant's counsel has abandoned the appeal; or (3) if the appellant is not indigent, whether a brief has not been completed because retained counsel has either abandoned the appeal or because appellant has failed to make necessary arrangements for filing a brief; and (4) when appellant's counsel anticipates that the appellant's brief, if a brief is to be filed, will be completed.
It is FURTHER ORDERED that the judge shall (1) make appropriate findings as to the above set forth issues and (2) cause a record of the proceedings to be prepared.
It is ADDITIONALLY ORDERED that once findings are made as to the above set forth issues, if appellant is indigent, the judge shall (1) take such measures as may be necessary to assure appellant's effective representation, which may include the appointment of new counsel and (2) make recommendations to this Court regarding a proper filing date for the appellant's brief.
It is FINALLY ORDERED that the supplemental clerk's record (including any orders and findings) and the reporter's record of said hearing be filed with the Clerk of this Court on or before July 28, 2016.
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12th Court of Appeals District, Tyler, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas this 28th day of June 2016, A.D.
Respectfully yours,
PAM ESTES, CLERK
By: /s/_________
Katrina McClenny, Chief Deputy Clerk