Charles Motz, IV v. the State of Texas
This text of Charles Motz, IV v. the State of Texas (Charles Motz, IV v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00733-CR
Charles Motz, IV, Appellant
v.
The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2019-924B, THE HONORABLE DWIGHT E. PESCHEL, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due April 16, 2025. After this Court granted a
motion requesting an extension of time to file his brief, appellant’s brief was due May 27, 2025.
To date, the brief has not been tendered for filing and is overdue. On June 4, 2025, this Court
sent a notice to appellant informing him that his brief was overdue and that a failure to file a
satisfactory response by June 16, 2025, 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.
The appeal is abated and remanded to the trial court to conduct a hearing in
accordance with Rule 38.8 of the Rules of Appellate Procedure. See Tex. R. App. P. 38.8(b)(2),
(3). The trial court shall conduct a hearing to determine whether appellant desires to prosecute
this appeal, whether counsel has abandoned this appeal, and whether appellant is indigent. See id. R. 38.8(b)(2), (3). The court shall make appropriate written findings and recommendations.
See id. R. 38.8(b)(2), (3). If appellant desires to appeal and is indigent, 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 August 18, 2025. See id. R. 38.8(b)(3).
It is so ordered on July 22, 2025.
Before Justices Chief Justice Byrne, Justices Crump and Ellis
Abated and Remanded
Filed: July 22, 2025
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