Opinion
No. 04-13-00015-CR
05-02-2013
Leopoldo Ortiz RAMIREZ, Appellant v. The STATE of Texas, Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2007CR10902
Honorable Sid L. Harle, Judge Presiding
ORDER
The appellant's brief of Leopoldo Ortiz Ramirez was due March 11, 2013, but was not filed. This court notified appellant's court-appointed counsel, Donald J. Mach, of the deficiency in a letter dated March 19, 2013. See TEX. R. APP. P. 38.8(b)(2). On April 2, 2013, Mr. Mach notified the court by telephone that he had been in the hospital and stated he would file a response or motion for extension of time. Counsel has not filed a brief, a motion for extension of time, or any other written response.
Pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we 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 his appeal, and
(2) whether counsel has abandoned the appeal. The trial court must take steps to ensure effective assistance of counsel, including the appointment of new counsel if necessary.
The trial court may, in its discretion, receive evidence on the first issue by sworn affidavit from the appellant. The trial court shall, however, order appellant's counsel to be present at the hearing.
The trial court is further ordered to make written findings and conclusions on these issues. The clerk and court reporter are ordered to file in this court, no later than June 3, 2013, (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).
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Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of May, 2013.
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Keith E. Hottle
Clerk of Court