Rodolfo Delgado Jr. v. State ( 2014 )

NUMBER 13-14-00074-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
RODOLFO DELGADO JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 103rd District Court
of Cameron County, Texas.
ORDER TO FILE APPELLATE BRIEF
Before Justices Rodriguez, Benavides, and Perkes
Order Per Curiam
Appellant’s brief was originally due to be filed on June 9, 2014. This Court has
previously granted two motions for extension of time to file appellant’s brief in this case.
On October 2, 2014, the Clerk of the Court notified appellant’s counsel that the brief had
not been filed and requested a response concerning the failure to file the brief within ten
days. Counsel failed to respond or file a brief and this Court abated the appeal and
remanded the cause to the trial court for further proceedings pursuant to Rule 38.8(b)(2)
and (3) of the Texas Rules of Appellate Procedure.
On October 29, 2014, the trial court held a hearing and made findings that
appellant intends to prosecute his appeal and that counsel has medical issues and
requests additional time to finish the brief. The trial court recommended that appellant
be allowed to continue his appeal with his current attorney of record, the Honorable
Rebecca Rubane, and that she be given an extension of 45 days to file the brief.
The Court hereby REINSTATES the appeal and ORDERS the Honorable Rebecca
Rubane to file the brief on or before January 5, 2015. No further extensions will be
granted. If counsel fails to file the brief within the specified period of time, the Court will
act appropriately to ensure that appellant's rights are protected. See id. R. 38.8(b)(4).
Specifically, the Court will abate and remand this matter to the trial court with instructions
to appoint new counsel.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
1st day of December, 2014.
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