Opinion
No. 04-16-00684-CR
06-09-2017
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR7238A
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
Appellant's brief was originally due on February 17, 2017. Appellant is represented on appeal by appointed counsel, Mr. Michael Raign. Because Mr. Raign did not timely file appellant's brief, we issued an order on May 17, 2017, abating the cause to the trial court and ordering the trial court to conduct a hearing no later than June 5, 2017 to answer the following questions:
(1) Does appellant desire to prosecute his appeal?
(2) Is appellant indigent? 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.
(3) Has appointed or retained counsel abandoned the appeal? Because sanctions may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing.
(4) If counsel has not abandoned the appeal and if the trial court does not appoint new counsel, the trial court must obtain on the record a date certain by which appellant's brief will be filed.
(5) Should Mr. Raign be sanctioned for failure to file appellant's brief by May 3, 2017?
Our order also stated the trial court could, in its discretion, receive evidence on the first two questions by sworn affidavit from the appellant, but the trial court was directed to require Mr. Raign to be present at the hearing. The trial court was further ordered to file supplemental clerk's and reporter's records in this court, no later than June 20, 2017, which shall include: (1) a transcription of the hearing and copies of any documentary evidence admitted, (2) written findings of fact and conclusions of law, and (3) recommendations addressing the above enumerated questions. All appellate filing dates were abated pending further orders from this court.
On June 7, 2017, the trial court filed a letter requesting additional time in which to obtain appellant's affidavit. The trial court asked for an extension of time until July 12, 2017 to respond to this court's May 17, 2017 order. The request is GRANTED, and supplemental clerk's and reporter's records are due no later than July 27, 2017.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk