Opinion
04-22-00766-CR
03-08-2023
Matthew Hernandez YANEZ, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR10156 Honorable Laura Lee Parker, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
Appellant's brief was due on January 26, 2023. On February 17, 2023, after no brief or motion for extension of time to file the brief was filed, we ordered Appellant to file the brief, a motion for extension of time, or a motion to dismiss by February 27, 2023. We warned Appellant that if he did not comply with our order, we would abate this appeal and remand the cause to the trial court for an abandonment hearing. To date, Appellant has not filed the brief or a motion for extension of time to file the brief.
We abate this appeal and remand the cause to the trial court. See TEX. R. APP. P. 38.8(b)(2); D.L.M. v. State, No. 03-16-00240-CV, 2016 WL 3677806, at *1 (Tex. App.-Austin July 6, 2016, no pet.) (mem. op.). We order the trial court to conduct a hearing in compliance with Rule 38.8(b)(3) to answer the following questions:
(1) Does Appellant desire to prosecute his appeal?
(2) Is Appellant indigent?
(3) If not indigent, has retained counsel abandoned the appeal?
See TEX. R. APP. P. 38.8(b)(2).
The trial court is further ordered to file supplemental clerk's and reporter's records in this court, not later than thirty days from the date of this order, which shall include the following: (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. See id. This court will consider the supplemental records in its determination as to whether to proceed without briefs. See id. R. 38.8(b)(4); Parker v. State, 69 S.W.3d 677, 678 (Tex. App.-Waco 2002, no pet.).
All other appellate deadlines are suspended pending further order of this court.