Manuel Ruiz Constancio v. State ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00411-CR
Manuel Ruiz Constancio, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT
NO. A-11-0535-S, HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Manuel Ruiz Constancio filed his notice of appeal on May 27, 2014, but did not file a
brief when it was due. After Constancio’s appointed counsel, Shawntell McKillop, failed to respond
to this Court’s overdue-brief notice, we abated the appeal for a hearing before the district court.
Constancio v. State, No. 03-14-00411-CR, 2015 Tex. App. LEXIS 2821, at *1 (Tex. App.—Austin
Mar. 26, 2015, no pet.) (mem. op.). At the hearing on April 17, 2015, McKillop represented to the
court that she was working on an Anders brief for this appeal and needed “another two to
three weeks at the most.” Two months later, the brief has not been filed and McKillop has failed to
respond to another overdue-brief notice.
The appeal is abated. The district court shall conduct another hearing to determine
whether Constancio desires to prosecute this appeal, whether he is indigent, whether McKillop
has abandoned this appeal, and if so, whether new counsel should be appointed. See Tex. R. App.
P. 37.3(a)(2), 38.8(b)(2). A supplemental clerk’s record containing copies of all findings and orders
from this hearing and a transcription of the court reporter’s notes, shall be filed with this Court no
later than July 24, 2015. See Tex. R. App. P. 38.8(b)(3).
It is ordered on June 26, 2015.
Before Chief Justice Rose, Justices Goodwin and Field
Abated and Remanded
Filed: June 26, 2015
Do Not Publish
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