Opinion
01-21-00680-CR
11-15-2022
Hugo Aguilar v. The State of Texas
434th District Court of Fort Bend County Trial court case number: 17-DCR-080285A
ORDER OF REINSTATEMENT
JULIE COUNTISS, JUDGE
This case was abated and remanded to the trial court on October 25, 2022. The abatement order directed the trial court to determine whether appellant still desired to pursue his appeal, determine whether good cause existed to relieve appellant's appointed appellate counsel, James Rivera, of his duties, and either remove appellant's appointed appellate counsel, James Rivera, and substitute new counsel or set a date certain when appellant's appointed appellate counsel, James Rivera, must file his brief on appellant's behalf.
The trial court held a hearing on the abatement order on November 3, 2022. A supplemental clerk's record has been filed with this Court, which includes the trial court's findings of fact and an order. The trial court found that appellant still wished to pursue his appeal and that appellant's appointed appellate counsel, James Rivera, is unable to file an appellant's brief on appellant's behalf. The trial court ordered that appellant's appointed appellate counsel, James Rivera, be "relieved from representing [a]ppellant" on appeal, and the trial court appointed Jessica Jaramillo-Moreno to represent appellant on appeal. The trial court set December 2, 2022 as the deadline for appointed appellate counsel Jessica Jaramillo-Moreno to file her brief on appellant's behalf.
Accordingly, we REINSTATE the case on the Court's active docket and direct the Clerk of this Court to substitute Jessica Jaramillo-Moreno as appellant's lead appointed appellate counsel in this appeal.
Appellant's brief is ORDERED to be filed no later than December 2, 2022. See Tex. R. App. P. 38.6(a).
Appellee's brief, if any, is ORDERED to be filed within 30 days of the filing of appellant's brief. See Tex. R. App. P. 38.6(b).
It is so ORDERED.