Opinion
NO. 03-16-00529-CR
08-08-2017
Mark Anthony Martinez, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT
NO. CR2013-525 , HONORABLE R. BRUCE BOYER, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION
PER CURIAM
On April 28, 2017, this Court granted appellant's second motion for extension of time to file his brief and ordered appellant's counsel to file the brief no later than May 15, 2017. We informed counsel that no further extensions would be granted and that if counsel failed to file a brief by the deadline, a hearing before the district court would be ordered. To date, appellant's brief has not been filed, nor have we received a response from counsel.
We therefore abate the appeal and remand the cause to the district court. The district court shall hold a hearing immediately to determine whether appellant still wishes to prosecute his appeal, whether appellant is indigent, and whether counsel has abandoned the appeal. If appellant desires to appeal and is indigent, the district court should make appropriate orders to ensure that appellant is adequately represented on appeal. Following the hearing, the district court should order the appropriate supplemental clerk's and reporter's records to be prepared and forwarded to this Court no later than September 7, 2017.
See id.
See id.
It is ordered on August 8, 2017. Before Chief Justice Rose, Justices Pemberton and Goodwin Abated and Remanded Filed: August 8, 2017 Do Not Publish