Robert Rodriguez v. State ( 2015 )


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  •                                                                               The State /s
    Fourth Court of Appeals
    San Antonio, Texas
    August 10, 2015
    No. 04-15-00204-CR
    Robert RODRIGUEZ,
    Appellant
    v.
    THE STATE OF TEXAS,
    Appellee
    From the 274th Judicial District Court, Guadalupe County, Texas
    Trial Court No. 13-0979-CR-A
    Honorable Gary L. Steel, Judge Presiding
    ORDER
    Appellant’s brief was due July 22, 2015, but was not filed. The clerk of this court
    notified appellant’s counsel, Susan Lee Schoon, of the deficiency by letter dated July 24, 2015.
    See TEX. R. APP. P. 38.8(b)(2). The letter required appellant to respond in writing within ten
    days, explaining why the brief has not been filed and demonstrating that counsel has taken
    affirmative steps to prepare and file the brief. The letter further advised counsel that if an
    adequate response was not timely filed, the court would abate the appeal for an abandonment
    hearing in the trial court. We have received no response.
    Therefore, pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellant Procedure, we
    rendered an order on August 6, 2015, abating the appeal, remanding the case to the trial court
    and ordering the trial court to conduct a hearing to determine (1) whether appellant desires to
    prosecute his appeal, and (2) whether counsel has abandoned the appeal. Id. We further ordered
    the trial court to make findings of fact and conclusions of law, and the court reporter and district
    clerk to filed records based thereon.
    However, on August 10, 2015, four days after our order, appellant’s counsel filed a
    motion for extension of time, explaining her failure to file the brief and asking for additional
    time in which to file it. Accordingly, we ORDER our August 6, 2015 order withdraw, the
    abatement lifted, and advise the trial court that it need not conduct the previously ordered hearing
    — and, of course, neither the clerk nor the reporter will need to prepare any records based
    thereon. In addition, after reviewing appellant’s motion for extension of time to file appellant’s
    brief, we GRANT the motion and ORDER appellant to file appellant’s brief on or before
    September 8, 2015 — appellant requested until September 7, 2015, but that day is a holiday.
    We order the clerk of this court to serve a copy of this order on the trial court, all
    counsel, the district clerk, and the court reporter.
    _________________________________
    Marialyn Barnard, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 10th day of August, 2015.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-15-00204-CR

Filed Date: 8/11/2015

Precedential Status: Precedential

Modified Date: 8/11/2015