Everardo Sanchez-Beiza v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 21, 2023
• Docket: 03-22-00077-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00077-CR

Everardo Sanchez-Beiza, Appellant

v.

The State of Texas, Appellee

FROM THE 274TH DISTRICT COURT OF HAYS COUNTY NO. CR-19-3980-C, THE HONORABLE GARY L. STEEL, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due July 18, 2022. After this Court granted

multiple motions requesting an extension of time to file his brief, appellant’s brief was due

April 7, 2023. In granting the most recent extension, this Court advised counsel that no further

extensions would be granted and that a failure to file appellant’s brief by April 7, 2023 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. To date, the brief has not been tendered for filing and is overdue.

The appeal is abated and remanded to the trial court. The trial court shall conduct

a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether

counsel has abandoned this appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make

appropriate written findings and recommendations. See id. R. 38.8(b)(2), (3). If necessary, 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 May 22, 2023. See id. R. 38.8(b)(3).

It is so ordered April 21, 2023.

Before Justices Baker, Smith, and Jones*

Abated and Remanded

Filed: April 21, 2023

Do Not Publish

*Before J. Woodfin Jones, Chief Justice (Retired), Third Court of Appeals, sitting by assignment. See Tex. Gov’t Code § 74.003(b).