Opinion
No. 04-18-00631-CR
07-16-2019
Bruno Lewis TOVAR, Appellant v. The STATE of Texas, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 16-2662-CR-B
Daniel H. Mills, Judge Presiding
ORDER
Appellant's brief was originally due on March 12, 2019. Appellant was granted two 30-day extensions of time to file the appellant's brief. In our order granting the second extension, we stated that the appellant's brief was due on May 13, 2019 and no further extensions would be granted absent extraordinary circumstances. On May 20, 2019, appellant filed a third motion for extension. We granted the extension but stated that the appellant's brief must be filed no later than June 12, 2019 and that no further extensions would be granted. Our order advised appellant that "[i]f the appellant's brief is not timely filed, this appeal will be abated to the trial court for an abandonment hearing." To date, neither the brief nor a further motion for extension has been filed.
Pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we ABATE this case to the trial court and ORDER the trial court to conduct a hearing to answer the following questions:
(1) Does appellant desire to prosecute the 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 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.The trial court may, in its discretion, receive evidence on the first two questions by sworn affidavit from the appellant. The trial court shall, however, order the appellant's counsel to be present at the hearing.
The trial court is further ORDERED to file supplemental clerk's and reporter's records in this court, no later than thirty days after the date of this order, 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 are ABATED pending further orders from this court.
/s/_________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of July, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court