Opinion
No. 04-19-00056-CR
05-10-2019
Amanda MEDINA, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR9848
The Honorable Stephanie R. Boyd, Judge Presiding
ORDER
Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice
Appellant's brief was due April 10, 2019, but it was not filed. This court notified appellant's counsel, Michael Raign, of the deficiency by letter on April 17, 2019. See TEX. R. APP. P. 38.8(b)(2). Our letter required a written response by April 29 and advised counsel that this appeal would be abated for an abandonment hearing if he failed to timely respond. Counsel did not file a response to our letter, nor did he respond to an email or a voicemail message left by a deputy clerk of this court on May 3, 2019. The brief has not been filed.
We therefore abate this appeal, remand the case to the trial court, and order the trial court to conduct a hearing to determine:
(1) whether appellant desires to prosecute this appeal,
(2) the reasons counsel has failed to file a brief and has failed to respond to correspondence and inquiries from this court, and
(3) whether appellant and counsel have established an attorney-client relationship and whether appellant desires for counsel to continue representing her.
The trial court is directed to ensure effective assistance of counsel and the orderly administration of justice. If the court finds that appellant and counsel have not established an attorney-client relationship or that appellant does not desire counsel to continue representing her; or if the court finds that, notwithstanding a desire to continue an established attorney-client relationship, removal of counsel is necessary to protect the integrity of the judicial process or the fair and orderly administration of justice, the court may remove appointed counsel and appoint new appellate counsel.
The trial court may, in its discretion, receive evidence on these issues by sworn affidavit from the appellant. The trial court shall, however, order appellant's counsel to be present at the hearing.
We further order the trial court to make written findings of fact and conclusions of law on these issues. We order the clerk and court reporter to file in this court, no later than June 10, 2019, (1) a reporter's record of the hearing, and (2) a supplemental clerk's record containing the court's written findings of fact, conclusions of law, and recommendations addressing the above issues. See Tex. R. App. P. 38.8(b)(3).
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of May, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court