Opinion
No. 04-12-00499-CR
05-06-2013
Fausto Abraham QUINONEZ, Appellant/s v. The STATE of Texas, Appellee/s
From the 89th District Court, Wichita County, Texas
Trial Court No. 52,103-C
The Honorable Mark T. Price, Judge Presiding
ORDER
Appellant's brief, due on March 29, 2013, has not been filed. On April 16, 2013, we issued an order informing appellant's counsel, Marty Cannedy, to file the appellant's brief on or before April 29, 2013. We warned counsel that if appellant's brief was not filed by that date, we would abate this appeal and remand this case to the trial court for an abandonment hearing. We further warned counsel that if appellant's brief was not filed by that date, contempt proceedings may be initiated. To date, appellant's brief has not been filed.
Therefore, pursuant to Texas Rule of Appellate Procedure 38.8(b)(2), we abate this case to the trial court and ORDER the trial court to conduct a hearing to answer the following questions:
(1) Does appellant desire to prosecute his appeal?The trial court may, in its discretion, receive evidence on the first two questions by sworn affidavit from appellant. The trial court shall, however, order appellant's counsel to be present at the hearing.
(2) Is appellant indigent?
(a) If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
(b) If the trial court finds that appellant is not indigent, the trial court should determine whether appellant has made the necessary arrangements for filing a brief.(3) Has appointed counsel abandoned the appeal? Because initiating contempt proceedings against appellant's counsel may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing. See TEX. R. APP. P. 38.8 (b)(4).
We ORDER the trial court to file its written findings of fact and conclusions of law with the trial court clerk no later than thirty days from the date of this order. We ORDER the trial court clerk to file a supplemental clerk's record in this court no later than ten days after the trial court files its findings of facts and conclusions of law. We further ORDER the court reporter to file in this court a supplemental reporter's record of the hearing, along with copies of any documentary evidence admitted, no later than twenty days after the date of the hearing.
All appellate deadlines are ABATED pending further orders from this court.
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Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of May, 2013.
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Keith E. Hottle
Clerk of Court