Johnny Diaz v. State ( 2019 )

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Johnny Diaz v. The State of Texas Appellate case number: 01-18-00636-CR Trial court case number: 1442380 Trial court: 178th District Court of Harris County This case was abated and remanded to the trial court for the trial court to determine whether appellant wishes to prosecute this appeal, to determine whether appellant’s counsel had abandoned the appeal, and, if counsel had not abandoned the appeal, to inquire of counsel why appellant’s brief has not yet been filed and to set a date certain when appellant’s counsel must file appellant’s brief. On September 24, 2019, counsel for appellant filed appellant’s brief. Accordingly, we REINSTATE this case on the Court’s active docket. The State’s brief, if any, is ORDERED to be filed within 30 days of the filing of appellant’s brief. See TEX. R. APP. P. 38.6(b). We withdraw our abatement order issued August 13, 2019. Judge’s signature: ___/s/ Sherry Radack_____  Acting individually  Acting for the Court Date: __October 1, 2019___