Jose Guadalupe Medina v. the State of Texas ( 2024 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00757-CR
Jose Guadalupe Medina, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW NO 3 OF HAYS COUNTY
NO. 20-2673CR-2, THE HONORABLE CHRISTOPHER P. JOHNSON, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Jose Guadalupe Medina pleaded no contest to the charge of driving while
intoxicated, and the trial court placed him on deferred-adjudication community supervision for
fifteen months. See Tex. Penal Code § 49.04; Tex. Code Crim. Proc. art. 42A.101. After
Medina was placed on deferred-adjudication community supervision, his retained attorney filed a
notice of appeal. Medina’s retained attorney later filed a motion to withdraw as counsel, and
this Court granted the motion. See Tex. R. App. P. 6.5. Medina’s appellant’s brief was due on
May 1, 2024. On June 10, 2024, this Court sent Medina a notice stating that appellant’s brief
was overdue and that a failure to file a satisfactory response by June 20, 2024, would result in
further action being taken by this Court. No brief or request for an extension by Medina has been
filed, and Medina has not otherwise responded to this Court’s notice that the brief was overdue.
Under these circumstances, we abate the appeal and remand the cause to the trial
court to hold a hearing. See Tex. R. App. P. 38.8(b)(2), (3), 43.6. During the hearing, the trial
court shall admonish Medina about his right to be represented by counsel on appeal and the
dangers and disadvantages of proceeding pro se, see Tex. Code Crim. Proc. art. 1.051(g), and
shall determine whether Medina desires to prosecute this appeal, whether he wants to proceed
pro se, and whether he is indigent, see Tex. R. App. P. 38.8(b)(2), (3). If Medina wants to
prosecute this appeal and is not indigent, the trial court shall determine whether he has made the
necessary arrangements for filing a brief. See id. If Medina wants to prosecute this appeal, is
indigent, and wants counsel appointed to represent him, the trial court should make appropriate
orders to ensure that he is adequately represented on appeal.
The trial court will advise Medina or his counsel, if any, that his appellant’s brief
is due within thirty days of the date of the trial court’s hearing. The trial court shall make
appropriate written findings and recommendations. Following the hearing, which shall be
transcribed, the trial court shall order the appropriate supplemental clerk’s and reporter’s
records—including all findings, conclusions, and orders—to be prepared and forwarded to this
Court no later than July 26, 2024. See Tex. R. App. P. 34.5(c)(2), .6(d), 38.8(b)(2), (3).
It is ordered on July 2, 2024.
Before Justices Baker, Triana, and Kelly
Abated and Remanded
Filed July 2, 2024
Do Not Publish
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