Opinion
No. 06-17-00139-CR
11-29-2017
WILLIE GUILLERMO TORRES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 391st District Court Tom Green County, Texas
Trial Court No. D-15-0230-SB Before Morriss, C.J., Moseley and Burgess, JJ. ORDER
Willie Guillermo Torres appeals from his conviction of possession of more than one gram, but less than four grams, of methamphetamine, with punishment enhanced as a habitual offender, and the resulting sentence of forty years' confinement. Torres' notice of appeal was filed June 23, 2017. The reporter's record was filed August 2, 2017, and the clerk's record was filed on August 21, 2017, making Torres' brief originally due September 20, 2017. That deadline was extended twice by this Court on the motion of Torres' court-appointed counsel, Nathan H. Butler, making Torres' brief due November 10, 2017.
When Torres' brief was not received by November 10, we afforded Butler one final opportunity to satisfy his obligations to Torres as his legal representative and provided notice, by letter dated November 14, that the brief was past due and must be filed on or before November 27. We warned Butler that, if the brief was not filed on or before November 27, this matter would be abated to the trial court to conduct the hearing mandated by Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.8(b)(2).
Because appellant's brief has not been filed, we abate this case to the trial court pursuant to Rule 38.8(b) of the Texas Rules of Appellate Procedure for a status hearing. See id. Specifically, the trial court is directed to determine whether Torres still desires to prosecute this appeal. Assuming Torres still desires to prosecute the appeal, the trial court is directed to determine (1) why Torres' appellate brief has not been filed and (2) whether Butler has abandoned the appeal. The trial court is directed to make appropriate findings and recommendations and have a record of the proceedings prepared. The record must include any findings made by the trial court.
If the trial court finds that Butler has abandoned the appeal, the trial court is directed to appoint new counsel to represent Torres on appeal before this Court. The trial court may also address any other matters it deems appropriate. The hearing is to be conducted within fifteen days of the date of this order.
The trial court's findings and recommendations on the issues set forth above shall be entered into the record of the case and presented to this Court in the form of a supplemental clerk's record within fifteen days of the date of the hearing. See TEX. R. APP. P. 38.8(b)(3). The reporter's record of the hearing shall also be filed with this Court in the form of a supplemental reporter's record within fifteen days of the date of the hearing. See id.
All appellate timetables are stayed and will resume on our receipt of (1) the appellant's brief or (2) the supplemental appellate record.
IT IS SO ORDERED.
BY THE COURT Date: November 29, 2017