Derwin Ray Robinson v. State

• Court: Court of Appeals of Texas
• Decided: February 24, 2020
• Docket: 04-19-00590-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas February 24, 2020

No. 04-19-00590-CR

Derwin Ray ROBINSON, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR1021 Honorable Frank J. Castro, Judge Presiding

ORDER Appellant’s brief was originally due by January 17, 2020 and was not filed. We notified appellant’s counsel of the deficiency on February 3, 2020. See TEX. R. APP. P. 38.8(b)(2). In that notice, we cautioned appellant that if we did not receive an adequate response by February 13, 2020, we would abate this appeal to the trial court for an abandonment hearing. See id. Neither the brief nor a motion for extension of time to file the brief has been filed.

Pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we ORDER this appeal ABATED and ORDER the trial court to conduct a hearing to answer the following questions:

(1) Does appellant desire to prosecute his appeal?

(2) Is appellant indigent? If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.

(3) Has appointed or retained counsel abandoned the appeal? Because sanctions may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing. The trial court may, in its discretion, receive evidence on the first two questions by sworn affidavit from appellant. The trial court shall, however, order appellant’s counsel to be present at the hearing.

We further ORDER the district clerk and court reporter to file a supplemental clerk’s and reporter’s records in this court by March 25, 2020, which shall include: (1) a transcription of the hearing and copies of any documentary evidence admitted, (2) written findings of fact and conclusions of law, and (3) recommendations addressing the above enumerated questions.

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of February, 2020.

___________________________________ Michael A. Cruz, Clerk of Court