Opinion
04-23-00776-CR
07-02-2024
Christopher BUSTOS, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR13086 Honorable Christine Del Prado, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
Appellant's brief was originally due to be filed on December 20, 2023. Appellant's first motion requesting an extension of time to file the brief was granted, extending the deadline for filing the brief to February 20, 2024. Because Ms. Wemmert did not file the brief, on February 26, 2024, we ordered Ms. Wemmert to file, no later than March 7, 2024, appellant's brief or a response stating a reasonable explanation for failing to timely file the brief and demonstrate the steps being taken to remedy the deficiency. Our order cautioned Ms. Wemmert that if she failed to file an adequate response by March 7, 2024, this appeal would be abated and remanded to the trial court for an abandonment hearing, and the trial court would be asked to consider whether sanctions are appropriate. Tex.R.App.P. 38.8(b)(2). We received no written response.
We abated this appeal and remanded this cause to the trial court for an abandonment hearing. During that hearing, the trial court found that appellant desired to prosecute this appeal, Ms. Wemmert had not abandoned the appeal, and appellant wished for Ms. Wemmert to continue as his appellate counsel. The district clerk and court reporter subsequently filed supplemental clerk's and reporter's records from that hearing in this court. Those records show that during the abandonment hearing, Ms. Wemmert represented to the trial court that she was almost done with the appellate brief and expected to have the brief completed by June 14, 2024. Ms. Wemmert has not filed the brief or otherwise sought relief to file the brief.
We LIFT our April 4, 2024 abatement and REINSTATE this case to our active docket. We ORDER Ms. Wemmert to file a brief on appellant's behalf by July 12, 2024. No extensions will be granted absent extenuating circumstances.
We advise Ms. Wemmert that if the brief is not filed as required by this order, we may order her to appear before this court in person and show cause why she should not be held in civil and/or criminal contempt or otherwise sanctioned for failing to comply with this order and this court's February 26 order. See Tex R App P. 38 8(b)(4)
The deputy clerk of this court shall cause a copy of this order to be served on Ms. Wemmert by certified mail, return receipt requested, or give other personal notice of this order with proof of delivery. The clerk of the court is further directed to serve a copy of this order on the Honorable Christine Del Prado, Judge of the 227th Judicial District Court.