Danny Munguia A/K/A Daniel Munguia v. State

Court of Appeals of Texas

Danny Munguia A/K/A Daniel Munguia v. State

DecidedAugust 31, 2016

Docket11-16-00048-CR

StatusPublished

This text of Danny Munguia A/K/A Daniel Munguia v. State (Danny Munguia A/K/A Daniel Munguia v. State) 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.

Bluebook

Danny Munguia A/K/A Daniel Munguia v. State, (Tex. Ct. App. 2016).

Pincite

Opinion

Order filed August 31, 2016

In The

Eleventh Court of Appeals __________

No. 11-16-00048-CR __________

DANNY MUNGUIA A/K/A DANIEL MUNGUIA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 70th District Court Ector County, Texas Trial Court Cause No. A-44,103

ORDER This appeal has been unduly stalled due to the failure of Appellant’s appointed counsel, M. Michele Greene, to file an appellate brief. The brief was originally due on May 7, 2016. This court extended the due date once on its own motion, and counsel has filed two motions for extension of time to file the brief. This court granted both motions, with the most recent extension resulting in a due date of July 27, 2016. We also issued a letter on August 8, 2016, in which we explained that we deemed the inordinate delay in filing the brief in this cause a serious matter and directed Greene to file a brief on behalf of Appellant on or before August 17, 2016. Appellant’s brief still has not been filed. In light of the inordinate delay in filing Appellant’s brief, we abate the appeal and remand the cause to the trial court so that it may determine the following: 1. Whether Appellant desires to prosecute his appeal; 2. Whether Appellant is indigent; and 3. If Appellant is indigent, whether appointed counsel, M. Michele Greene, should be removed as appellate counsel and new counsel appointed. See TEX. R. APP. P. 38.8(b). We note that Appellant need not appear in person at the hearing and that the trial court may permit him to appear via telephone. The trial court is directed to make appropriate findings and recommendations and to appoint new appellate counsel if appropriate. The trial court clerk is directed to prepare and forward to this court a supplemental clerk’s record containing the findings, recommendations, and any orders of the trial court. If a hearing is held, the court reporter is directed to prepare and forward to this court the reporter’s record from the hearing. These records are due to be filed in this court on or before September 30, 2016. Appellant’s brief will be due to be filed in this court within thirty days after the date this appeal is reinstated. The appeal is abated.

PER CURIAM

August 31, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2

Free access — add to your briefcase to read the full text and ask questions with AI

Order filed August 31, 2016

In The

Eleventh Court of Appeals __________

No. 11-16-00048-CR __________

DANNY MUNGUIA A/K/A DANIEL MUNGUIA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 70th District Court Ector County, Texas Trial Court Cause No. A-44,103

ORDER This appeal has been unduly stalled due to the failure of Appellant’s appointed counsel, M. Michele Greene, to file an appellate brief. The brief was originally due on May 7, 2016. This court extended the due date once on its own motion, and counsel has filed two motions for extension of time to file the brief. This court granted both motions, with the most recent extension resulting in a due date of July 27, 2016. We also issued a letter on August 8, 2016, in which we explained that we deemed the inordinate delay in filing the brief in this cause a serious matter and directed Greene to file a brief on behalf of Appellant on or before August 17, 2016. Appellant’s brief still has not been filed. In light of the inordinate delay in filing Appellant’s brief, we abate the appeal and remand the cause to the trial court so that it may determine the following: 1. Whether Appellant desires to prosecute his appeal; 2. Whether Appellant is indigent; and 3. If Appellant is indigent, whether appointed counsel, M. Michele Greene, should be removed as appellate counsel and new counsel appointed. See TEX. R. APP. P. 38.8(b). We note that Appellant need not appear in person at the hearing and that the trial court may permit him to appear via telephone. The trial court is directed to make appropriate findings and recommendations and to appoint new appellate counsel if appropriate. The trial court clerk is directed to prepare and forward to this court a supplemental clerk’s record containing the findings, recommendations, and any orders of the trial court. If a hearing is held, the court reporter is directed to prepare and forward to this court the reporter’s record from the hearing. These records are due to be filed in this court on or before September 30, 2016. Appellant’s brief will be due to be filed in this court within thirty days after the date this appeal is reinstated. The appeal is abated.

PER CURIAM

August 31, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2

Cite This Page — Counsel Stack

Bluebook (online)

Danny Munguia A/K/A Daniel Munguia v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/danny-munguia-aka-daniel-munguia-v-state-texapp-2016.