Yordanys Avila-Trujillo v. State ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00017-CR
Yordanys Avila-Trujillo, Appellant
v.
The State of Texas, Appellee
FROM THE 274TH DISTRICT COURT OF HAYS COUNTY
NO. CR-17-0881, THE HONORABLE GARY L. STEEL, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
This appeal was previously abated on May 16, 2019, because appellant’s initial
appellate counsel had not filed status reports requested by this Court or responded to our notices,
resulting in a delay in filing of the clerk’s record and reporter’s record. After the trial court
conducted the required hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure,
new appellate counsel was appointed.
The clerk’s record and reporter’s record were subsequently filed, making
appellant’s brief originally due on July 26, 2019. On August 15, 2019, this Court sent a notice to
appellant’s new appointed counsel informing him that appellant’s brief was overdue and that a
failure to file a satisfactory response by August 26, 2019, would result in the referral of this case
to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure. No
response has been filed.
The appeal is abated and remanded to the trial court. The trial court shall conduct
a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether
counsel has abandoned this appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make
appropriate written findings and recommendations. See id. R. 38.8(b)(2), (3). If necessary, the
court shall appoint substitute counsel who will effectively represent appellant in this appeal.
Following the hearing, which shall be transcribed, the trial court shall order the appropriate
supplemental clerk’s and reporter’s records—including all findings and orders—to be prepared
and forwarded to this Court no later than October 14, 2019. See id. R. 38.8(b)(3).
It is so ordered September 13, 2019.
Before Justices Goodwin, Baker, and Kelly
Abated and Remanded
Filed: September 13, 2019
Do Not Publish
2