Reymundo Montiel v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00405-CR
Reymundo Montiel, Appellant
v.
The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF HAYS COUNTY
NO. CR-16-0379-E, THE HONORABLE JACK H. ROBISON, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due on February 12, 2020. After this Court
granted multiple motions requesting an extension of time to file his brief, appellant’s brief was
due on August 11, 2020. In granting the most recent extension, this Court advised counsel that
no further extensions would be granted absent exigent circumstances. Appellant’s counsel has
filed a subsequent motion for extension of time, requesting an additional 60 days to file his brief
and indicating that he has a medical condition that may hamper his ability to effectively
represent appellant.
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. 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 September 28, 2020. See id. R. 38.8(b)(3).
It is so ordered August 28, 2020.
Before Chief Justice Rose, Justices Baker and Kelly
Abated and Remanded
Filed: August 28, 2020
Do Not Publish
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