Opinion
NUMBER 13-18-00246-CR
06-10-2019
JORGE ALBERTO CLEMENTE GUAJARDO, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 398th District Court of Hidalgo County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Contreras and Justices Benavides and Longoria
Order Per Curiam
This matter is currently before the Court on a motion filed by appellant's appointed counsel, Victoria Guerra, seeking a fourth extension of time to file the appellate brief in this matter. Appellant's brief was originally due on November 5, 2018. This Court has previously granted appellant three extensions of time totaling 211 days to file the brief. The Court ordered the brief to be filed on or before June 4, 2019 and notified counsel that further motions for extension of time would not be granted absent exigent circumstances. Nevertheless, counsel failed to file the brief by this deadline and has requested another extension of time of 30 days to file the brief. The motion does not present exigent circumstances for failing to timely file the brief.
Appellant is entitled to effective assistance of counsel. We have a duty to ensure that appellant's rights are protected. Accordingly, we DENY appellant's fourth motion for extension of time and ABATE and REMAND this matter to the trial court with instructions to remove Victoria Guerra as counsel for appellant and appoint new appellate counsel in her 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.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed this the 10th day of June, 2019.