Opinion
No. 04-15-00662-CR
02-29-2016
Alberto Aguirre RENDON, Appellant v. The STATE of Texas, Appellee
From the County Court at Law, Kerr County, Texas
Trial Court No. CR13-1227
Honorable Susan Harris, Judge Presiding
ORDER
Initially, Appellant Alberto Aguirre Rendon had court-appointed counsel on appeal. Later, after the trial court determined Appellant was not indigent, the trial court discharged appointed counsel. To protect Appellant's rights, on December 7, 2015, counsel filed a motion to abate the appeal for Appellant to have time "to retain counsel and pay for preparation of the reporter's record." To date, no notice of appearance has been filed for any retained c ounsel and the reporter's record has not been filed.
On January 28, 2016, court-appointed counsel filed an amended motion to withdraw as appellate counsel. See TEX. R. APP. P. 6.5; 4TH TEX. APP. (SAN ANTONIO) LOC. R. 8.4, cmt. (amendment replaces original). The motion met the applicable requirements. See TEX. R. APP. P. 6.5(a), (b); Rivera v. State, 130 S.W.3d 454, 458 (Tex. App.—Corpus Christi 2004, no pet.).
To fulfill his remaining obligation to Appellant and this court, counsel included in his motion a notice to Appellant that his brief was due on February 22, 2016. See TEX. R. APP. P. 6.5(c). The deadline to file the brief has passed and Appellant has not filed a motion for extension of time or a brief.
Accordingly, we ORDER Appellant to file within TEN DAYS of the date of this order either his brief or a motion to dismiss this appeal. If no brief or motion is filed by that date, we will abate this appeal to the trial court for an abandonment hearing. See TEX. R. APP. P. 38.8(b)(2).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court