Opinion
09-23-00331-CR
08-07-2024
MICHAEL ADAM ALVEAR JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 22-06-08419-CR
Before Johnson, Wright and Chambers, JJ.
ORDER
PER CURIAM
The trial court appointed Richard Martin P. Canlas to represent Appellant Michael Adam Alvear Jr. on appeal. The clerk's record was filed on January 25, 2024, and the reporter's record was filed on March 1, 2024. On July 3, 2024, the Court granted a fourth extension of time to file the brief, noting that the extension was a final extension, and we warned Appellant's court-appointed attorney, Richard Martin P. Canlas, that unless we received the brief by July 31, 2024, we would order the trial court to conduct a hearing to determine why no brief has been filed. Although the brief of the appellant was due to be filed by July 31, 2024, the brief has not been filed.
We abate the appeal and remand the case to the trial court to conduct a hearing at which a representative of the State, counsel for the appellant, and the appellant shall be present. See Tex.R.App.P. 38.8(b)(3). We direct the trial court to determine whether or not Appellant desires to pursue his appeal. If Appellant desires to pursue his appeal, we direct the trial court to determine why the brief of the appellant has not been filed and whether good cause exists for appointed counsel, Richard Martin P. Canlas, to be relieved of his duties as appellate counsel and replaced by substitute counsel. See Tex. Code Crim. Proc. Ann. art. 26.04(j)(2). If the trial court determines that good cause exists to relieve appointed counsel of his duties, we direct the trial court to appoint substitute counsel.
The record of the hearing, including any orders and findings of the trial court judge, shall be sent to the appellate court for filing. The transcription of the court reporter's notes from the hearing and the recommendations of the trial court judge are to be filed on or before September 6, 2024.
ORDER ENTERED.