Opinion
No. 04-20-00264-CR
11-16-2020
Montrail Thomas BUTLER, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR6323
Honorable Stephanie R. Boyd, Judge Presiding
ORDER
Appellant's brief, due September 3, 2020, has not been filed. This court notified appellant's counsel of the deficiency on September 18, 2020. TEX. R. APP. P. 38.8(b)(2). We received no response. Therefore, on October 14, 2020, we issued an order abating this case to the trial court for an abandonment hearing. Our order instructed the trial court to answer the following questions:
(1) Does appellant desire to prosecute his appeal?
(2) Is appellant indigent? 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.
(3) Has appointed or retained counsel abandoned the appeal? Because sanctions may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing.
On October 30, 2020, appellant's appointed counsel, Ms. Judith Wemmert, filed a first motion for extension of time. On November 12, 2020, the trial court filed its findings of fact from the abandonment hearing. The trial court found: (1) appellant desires to continue his appeal, (2) he is indigent, and (3) Ms. Wemmert has not abandoned the appeal.
Ms. Wemmert's motion for extension of time is GRANTED and she is hereby ORDERED to file appellant's brief no later December 20, 2020. Ms. Wemmert is cautioned that further requests for an extension of time will be disfavored.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of November, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court