Opinion
06-23-00204-CR
02-23-2024
JUAN CARLOS ALVAREZ-RAMIREZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 290th District Court Bexar County, Texas Trial Court No. 2022CR9625
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
Juan Carlos Alvarez-Ramirez appeals from his convictions of continuous sexual abuse of a child, sex performance with a child, and two counts of sexual assault of a child. Alvarez-Ramirez's notice of appeal was filed September 5, 2023. The clerk's record was filed on September 26, 2023, and the reporter's record was filed on November 1, 2023, making Alvarez-Ramirez's brief originally due December 1, 2023. Alvarez-Ramirez's counsel filed three motions to extend the briefing deadline in this case. We granted counsel's first two motions, extending the deadline to January 23, 2024. By letter dated January 30, 2024, we denied counsel's third motion, provided him the notice required by Rule 38.8(b)(2) that his brief was late, and gave him ten days to resolve the matter. Since our January 30 correspondence, counsel has not filed a brief on Alvarez-Ramirez's behalf.
Because Alvarez-Ramirez's brief was not filed, we abate this matter to the trial court for a hearing pursuant to Rule 38.8(b) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.8(b)(2). Specifically, the trial court is directed to determine whether Alvarez-Ramirez still desires to prosecute this appeal. Assuming Alvarez-Ramirez still desires to prosecute the appeal, the trial court is directed to determine (1) why Alvarez-Ramirez's appellate brief has not been filed and (2) whether appointed counsel has abandoned the appeal. The trial court is directed to make appropriate findings and recommendations and have a record of the proceedings prepared. The record must include any findings made by the trial court. Based on that record, this Court will take appropriate action to ensure that Alvarez-Ramirez's rights are protected. The trial court may also address any other matters it deems appropriate, including the appointment of new appellate counsel, if appropriate. The hearing is to be conducted within fifteen days of the date of this order.
The trial court's findings and recommendations on the issues set forth above shall be entered into the record of the case and presented to this Court in the form of a supplemental clerk's record within fifteen days of the date of the hearing. See TEX. R. APP. P. 38.8(b)(3). The reporter's record of the hearing shall also be filed with this Court in the form of a supplemental reporter's record within fifteen days of the date of the hearing. See id.
All appellate timetables are stayed and will resume on our receipt of (1) Alvarez-Ramirez's brief or (2) the supplemental appellate record.
IT IS SO ORDERED.