Opinion
10-23-00382-CR
08-22-2024
PASCUAL ALFONSE TORRES, Appellant v. THE STATE OF TEXAS, Appellee
From the 54th District Court McLennan County, Texas Trial Court No. 2018-1534-C2
Before Chief Justice Gray and Justice Smith Appeal abated
ORDER
PER CURIAM
Appellant's brief was originally due on or before February 15, 2024. We granted Appellant's first motion for extension of time and ordered the brief to be filed by April 1, 2024. On April 4, 2024, because Appellant failed to timely file his brief, this Court warned him that unless a brief or satisfactory response was received within fourteen days, the Court would abate the case. On April 12, 2024, Appellant filed his second motion for extension of time, which we granted and ordered Appellant to file his brief on or before May 9, 2024. On May 10, 2024, Appellant filed his third motion for extension. We granted the motion, ordered his brief to be filed by June 10, 2024, and warned Appellant that no further extensions of time would be entertained absent extraordinary circumstances.
On June 18, 2024, because Appellant failed to timely file his brief, this Court notified Appellant that unless a brief or satisfactory response was received within fourteen days, the Court would abate the case. Appellant responded by filing his fourth motion for extension, accompanied by a letter from his attorney explaining the circumstances surrounding his tardiness. We granted Appellant's fourth motion for extension and ordered the brief to be filed on or before July 15, 2024. On July 15, 2024, Appellant's counsel filed his fifth motion for extension of time to file his brief. We denied the motion and ordered Appellant to file his brief on or before August 14, 2024.
No appellate brief has been filed by Appellant. Accordingly, we ABATE this appeal and remand this case to the trial court to conduct any necessary hearings within 21 days of the date of this Order pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3). TEX. R. APP. P. 38.8(b)(2) &(3). If Appellant is indigent, the trial court is also ordered to determine whether appellant is receiving effective assistance of counsel, and if not, whether to appoint new counsel, or additional counsel, to represent Appellant effectively. If no new counsel is appointed, the trial court shall determine and state upon the record a date certain on or before October 15, 2024 when Appellant's brief will be filed with this Court.
The supplemental clerk's and reporter's records required by Texas Rule of Appellate Procedure 38.8(b)(3) are ordered to be filed within 28 days from the date of this Order. See TEX. R. APP. P. 38.8(b)(3).