Opinion
NUMBER 13-17-00214-CR
05-02-2018
RODOLFO MARTINEZ ALVAREZ, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 377th District Court of Victoria County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Benavides and Longoria
Order Per Curiam
Appellant's brief was originally due on August 9, 2017. On March 13, 2018, this Court granted by order appellant's fourth motion for extension of time and directed appellant to file the brief on or before April 6, 2018. The order notified counsel that no further extensions would be granted absent exigent circumstances. On April 10, 2018, the Clerk of the Court notified appellant's counsel that the brief had not been timely filed, requested counsel to file a response concerning the failure to file the brief within ten days, and warned counsel that the Court would abate and remand this cause to the trial court for appropriate findings if a response was not filed. On April 20, 2018 and April 23, 2018, counsel filed letters stating he is attempting to complete the brief, has recently completed other briefs, and will file the brief as soon as possible. As of this date, a brief has not been filed.
Appellant is entitled to effective assistance of counsel. We have a duty to ensure that appellant's rights are protected. Accordingly, we ABATE and REMAND this matter to the trial court with instructions to remove Luis A. Martinez as counsel for appellant and appoint new appellate counsel in his place. The name, address, email address, telephone number, and state bar number of newly appointed counsel shall be included in the order of appointment. The trial court shall cause its order to be included in a supplemental clerk's record to be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
Appellant's brief will be due within thirty days of the date that appellant's new counsel is appointed. The Court will not entertain an extension of time to file the brief in this matter.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX R. APP. P. 42.2(b). Delivered and filed this the 2nd day of May, 2018.