Cody Allen Waters v. State

Opinion

Fourth Court of Appeals San Antonio, Texas December 22, 2016

No. 04-16-00241-CR

Cody Allen WATERS, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR1094 Honorable Raymond Angelini, Judge Presiding

ORDER After Appellant’s court-appointed counsel missed deadlines to file the brief, we abated this appeal and remanded it to the trial court for an abandonment hearing. The trial court held a hearing as ordered; it filed a supplemental clerk’s record containing findings of fact and conclusions of law. The court reporter filed a supplemental reporter’s record of the hearing. See TEX. R. APP. P. 38.8(b)(3). The trial court found the following:  Appellant wishes to prosecute his appeal,  Appellant’s court-appointed counsel Andrea Polunsky did not abandon the appeal,  Andrea Polunsky’s motion to withdraw was granted, and  Suzanne Kramer was appointed to represent Appellant in this appeal. We REINSTATE the appellate timetable in this appeal. We ORDER Appellant’s court- appointed counsel Suzanne Kramer to file Appellant’s brief with this court within THIRTY DAYS of the date of this order.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of December, 2016. ___________________________________ Keith E. Hottle Clerk of Court