Francisco Esquivel, III v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 1, 2023
• Docket: 03-23-00114-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00114-CR

Francisco Esquivel, III, Appellant

v.

The State of Texas, Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2019-226, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due April 13, 2023. On June 7, 2023, 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 19, 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. As of the date of

this order, appellant has not filed a brief or motion for extension of time.

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 August 29, 2023. See id. R. 38.8(b)(3).

It is so ordered August 1, 2023.

Before Justices Baker, Triana, and Smith

Abated and Remanded

Filed: August 1, 2023

Do Not Publish