Opinion
06-24-00078-CR
11-06-2024
BRANDON PEREZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 16th District Court Denton County, Texas Trial Court No. F22-3244-16
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
Brandon Perez appeals from a conviction of aggravated assault. Perez filed his notice of appeal on April 3, 2024. The reporter's record was filed on June 4, 2024, and the clerk's record was filed on July 23, 2024, making Perez's brief originally due August 22, 2024. Perez's counsel has now filed three motions to extend the briefing deadline in this matter. This Court granted counsel's first two motions to extend the briefing deadline. On October 15, 2024, Perez filed a third motion seeking a forty-five-day extension. We granted Perez's third request for an extension, making his brief due on or before October 28, 2024. We also warned Perez that further extensions would not be granted. Perez has not filed a brief.
Pursuant to his third motion to extend the briefing deadline, Perez's deadline was extended to and included October 14, 2024, in which to file his brief. Perez filed his third motion on October 22, eight days after the October 14 deadline. The third extension, which gave him an additional fourteen-day extension, began to run on October 14, not October 22.
Because Perez's brief has not been filed, we abate this matter to the trial court for a hearing pursuant to Rule 38.8(b) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.8(b)(2). Specifically, the trial court is directed to determine whether Perez still desires to prosecute this appeal. Assuming Perez still desires to prosecute the appeal, the trial court is directed to determine (1) why Perez's appellate brief has not been filed and (2) whether appointed counsel has abandoned the appeal. The trial court is directed to make appropriate findings and recommendations and have a record of the proceedings prepared. The record must include any findings made by the trial court. Based on that record, this Court will take appropriate action to ensure that Perez's rights are protected. The trial court may also address any other matters it deems appropriate. The hearing is to be conducted within fifteen days of the date of this order.
The trial court's findings and recommendations on the issues set forth above shall be entered into the record of the case and presented to this Court in the form of a supplemental clerk's record within fifteen days of the date of the hearing. See Tex. R. App. P. 38.8(b)(3). The reporter's record of the hearing shall also be filed with this Court in the form of a supplemental reporter's record within fifteen days of the date of the hearing. See id.
All appellate timetables are stayed and will resume on our receipt of (1) Perez's brief or (2) the supplemental appellate record.
IT IS SO ORDERED.