John Christopher Dominguez v. State

Court of Appeals of Texas

John Christopher Dominguez v. State

DecidedMarch 18, 2014

Docket04-13-00789-CR

StatusPublished

This text of John Christopher Dominguez v. State (John Christopher Dominguez 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.

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John Christopher Dominguez v. State, (Tex. Ct. App. 2014).

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Opinion

The State of e

Fourth Court of Appeals San Antonio, Texas March 18, 2014

No. 04-13-00789-CR

John Christopher DOMINGUEZ, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR3592 Honorable Sid L. Harle, Judge Presiding

ORDER Appellant’s brief was due February 28, 2014, but was not filed. The clerk of this court notified appellant’s counsel of the deficiency by letter dated March 4, 2014. See TEX. R. APP. P. 38.8(b)(2). The letter required appellant to respond in writing within ten days, explaining why the brief has not been filed and demonstrating that counsel has taken affirmative steps to prepare and file the brief. The letter further advised counsel that if an adequate response was not timely filed, the court would abate the appeal for an abandonment hearing in the trial court. We have received no response.

Pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we ORDER this appeal abated and remanded to the trial court. We ORDER the trial court to conduct a hearing to determine: (1) whether appellant desires to prosecute his appeal, and (2) whether appointed counsel has abandoned the appeal. Because appellant is indigent, the trial court must take steps to ensure effective assistance of counsel, including the appointment of new counsel if necessary.

The trial court may, in its discretion, receive evidence on the first issue by sworn affidavit from the appellant. The trial court shall, however, order appellant=s counsel to be present at the hearing.

The trial court is further ORDERED to make written findings and conclusions on these issues. The clerk and court reporter are ordered to file in this court on or before April 17, 2014: (1) a reporter’s record of the hearing, and (2) a supplemental clerk’s record containing the trial court’s written findings of fact, conclusions of law, and recommendations addressing the above issues. See TEX. R. APP. P. 38.8(b)(3).

We order the clerk of this court to serve a copy of this order on the trial court, all counsel, the district clerk, and the court reporter.

_________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of March, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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The State of e

Fourth Court of Appeals San Antonio, Texas March 18, 2014

No. 04-13-00789-CR

John Christopher DOMINGUEZ, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR3592 Honorable Sid L. Harle, Judge Presiding

ORDER Appellant’s brief was due February 28, 2014, but was not filed. The clerk of this court notified appellant’s counsel of the deficiency by letter dated March 4, 2014. See TEX. R. APP. P. 38.8(b)(2). The letter required appellant to respond in writing within ten days, explaining why the brief has not been filed and demonstrating that counsel has taken affirmative steps to prepare and file the brief. The letter further advised counsel that if an adequate response was not timely filed, the court would abate the appeal for an abandonment hearing in the trial court. We have received no response.

Pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we ORDER this appeal abated and remanded to the trial court. We ORDER the trial court to conduct a hearing to determine: (1) whether appellant desires to prosecute his appeal, and (2) whether appointed counsel has abandoned the appeal. Because appellant is indigent, the trial court must take steps to ensure effective assistance of counsel, including the appointment of new counsel if necessary.

The trial court may, in its discretion, receive evidence on the first issue by sworn affidavit from the appellant. The trial court shall, however, order appellant=s counsel to be present at the hearing.

The trial court is further ORDERED to make written findings and conclusions on these issues. The clerk and court reporter are ordered to file in this court on or before April 17, 2014: (1) a reporter’s record of the hearing, and (2) a supplemental clerk’s record containing the trial court’s written findings of fact, conclusions of law, and recommendations addressing the above issues. See TEX. R. APP. P. 38.8(b)(3).

We order the clerk of this court to serve a copy of this order on the trial court, all counsel, the district clerk, and the court reporter.

_________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of March, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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John Christopher Dominguez v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-christopher-dominguez-v-state-texapp-2014.