Mario Alberto Riojas-Contreras v. State ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00513-CR
Mario Alberto Riojas-Contreras, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BURNET COUNTY, 33RD JUDICIAL DISTRICT
NO. 40639, HONORABLE J. ALLAN GARRETT, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
In the above cause, appellant Mario Alberto Riojas-Contrera’s brief was due in
this Court on November 21, 2013. On December 11, 2013, we notified appellant’s counsel that
appellant’s brief was overdue and that if we did not receive a satisfactory response on or before
December 23, 2013, a hearing before the district court pursuant to Tex. R. App. P. 38.8(b) would be
ordered. To date, appellant’s brief has not been filed, nor have we received a response from counsel.
We therefore abate the cause and remand it to the district court to hold a hearing
in accordance with rule 38.8 of the rules of appellate procedure. Tex. R. App. P. 38.8(b)(2), (3). The
district court shall hold a hearing immediately to determine whether appellant still wishes to
prosecute his appeal, whether appellant is indigent, and whether counsel has abandoned the appeal.
See id. If appellant desires to appeal and is indigent, the district court should make appropriate
orders to ensure that appellant is adequately represented on appeal. See id. Following the hearing,
the district court should order the appropriate supplementary clerk’s and reporter’s records to be
prepared and forwarded to this Court no later than March 10, 2014. See id.
Before Chief Justice Jones, Justices Pemberton and Rose
Abated
Filed: February 6, 2014
Do Not Publish
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