Opinion
No. 04-17-00154-CR
08-28-2017
Andrew Rene ALVAREZ, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR0452
Honorable Catherine Torres-Stahl, Judge Presiding
ORDER
Appellant's brief was originally due June 7, 2017. On June 16, 2017, the Clerk of this Court notified appellant's attorney, James Reeves, that appellant's brief was late. On June 26, 2017, Reeves filed a motion for extension of time to file appellant's brief. On June 30, 2017, we granted the request for an extension and ordered appellant's brief to be filed by July 26, 2017. Appellant's brief was not filed. Therefore, on August 2, 2017, we ordered James Reeves to file appellant's brief on or before August 17, 2017, explaining that if appellant's brief was not filed by such date, this appeal would be abated to the trial court. Appellant's brief was still not filed.
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.
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.
(3) Has appointed or retained counsel abandoned the appeal? Because initiating contempt proceedings against appellant's counsel may be necessary , the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing. See TEX. R. APP. P. 38.8 (b)(4).
We ORDER the trial court to file its written findings of fact and conclusions of law with the trial court clerk no later than thirty days from the date of this order. 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.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk