Opinion
04-21-00236-CR
09-22-2021
EX PARTE Michael PAUL, Appellant
From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 19-1544-CR-A Honorable William D. Old III, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
Appellant Michael Paul is representing himself on appeal from the trial court's denial of his application for writ of habeas corpus. On July 9, 2021, Appellant's record on appeal was complete. On August 6, 2021, we denied Appellant's request for court-appointed counsel. As of September 21, 2021, no brief has been filed, and we have received no motion for extension of time. Contra Tex. R. App. P. 31.1(a), 38.6(a)(1).
Therefore, we ORDER Appellant to respond to this notification by filing his brief, a motion to extend time, or a motion to dismiss within ten days of the date of this order. See Tex. R. App. P. 38.8(b) (requiring this court, when no brief is filed, to notify the parties and the trial court of the omission and provide Appellant an opportunity to respond); Ates v. State, No. 03-15-00307-CR, 2016 WL 3361173, at *5 (Tex. App.-Austin June 8, 2016, no pet.) (mem. op., not designated for publication).
If Appellant fails to comply with this order, we will abate this appeal and remand the cause to the trial court for it to conduct an abandonment hearing. See Tex. R. App. P. 38.8(2), (3).
A hearing could result in this court considering the appeal without briefs. See Tex. R. App. P. 38.8(4); Dominguez v. State, No. 03-14-00086-CR, 2016 WL 4429902, at *1 (Tex. App.-Austin Aug. 19, 2016, no pet.) (mem. op., not designated for publication) (citing Ates, 2016 WL 3361173, at *5).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of September, 2021.