Opinion
No. 04-16-00081-CR
12-02-2016
Ricardo MARTINEZ, Jr., Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR6697
Honorable Jefferson Moore, Judge Presiding
ORDER
On October 11, 2016, this Court abated this appeal to the trial court to hold a hearing to determine whether appellant desired to prosecute his appeal, whether appellant was indigent, and whether appointed counsel Patrick Montgomery had abandoned this appeal. See TEX. R. APP. P. 38.8(b)(2). On November 8, 2016, this Court received the supplemental clerk's record reflecting the trial court's findings of fact and conclusions of law. The trial court determined appellant desires to pursue this appeal, appellant is indigent and Mr. Montgomery has not abandoned this appeal. Thus, the trial court determined Mr. Montgomery will remain as appointed counsel and admonished Mr. Montgomery to "file the appeal by November 28, 2016" and of "the necessity of initiating contempt proceedings should [he] fail to follow the latest deadline."
It is therefore ORDERED that this appeal is reinstated on the docket of this court. We further ORDER Patrick Montgomery to file appellant's brief on or before December 28, 2016. Due to the extensions already allowed and the delay caused by counsel's failure to follow previous deadlines, NO FURTHER EXTENSIONS WILL BE GRANTED. If Mr. Montgomery fails to file appellant's brief on or before this date, it shall be ordered that he personally appear before this Court to show cause why he should not be held in contempt of court for failure to comply with this order.
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of December, 2016.
/s/_________
Keith E. Hottle
Clerk of Court