Enoch David Castillo-Quiroz v. the State of Texas ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00075-CR
Enoch David Castillo-Quiroz, Appellant
v.
The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY
NO. CR2019-329, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due May 4, 2022. After this Court granted
multiple motions requesting an extension of time to file his brief, appellant’s brief was due
October 4, 2022. In granting the most recent extension, this Court advised counsel that no
further extensions would be granted and that his failure to file a brief would result in the referral
of the case to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of Appellate
Procedure. To date, the brief has not been tendered for filing and is overdue.
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 December 9, 2022. See id. R. 38.8(b)(3).
It is so ordered November 9, 2022.
Before Justices Goodwin, Baker, and Kelly
Abated and Remanded
Filed: November 9, 2022
Do Not Publish
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