Jose Guadalupe Medina v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 2, 2024
• Docket: 03-23-00757-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00757-CR

Jose Guadalupe Medina, Appellant

v.

The State of Texas, Appellee

FROM COUNTY COURT AT LAW NO 3 OF HAYS COUNTY NO. 20-2673CR-2, THE HONORABLE CHRISTOPHER P. JOHNSON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Jose Guadalupe Medina pleaded no contest to the charge of driving while

intoxicated, and the trial court placed him on deferred-adjudication community supervision for

fifteen months. See Tex. Penal Code § 49.04; Tex. Code Crim. Proc. art. 42A.101. After

Medina was placed on deferred-adjudication community supervision, his retained attorney filed a

notice of appeal. Medina’s retained attorney later filed a motion to withdraw as counsel, and

this Court granted the motion. See Tex. R. App. P. 6.5. Medina’s appellant’s brief was due on

May 1, 2024. On June 10, 2024, this Court sent Medina a notice stating that appellant’s brief

was overdue and that a failure to file a satisfactory response by June 20, 2024, would result in

further action being taken by this Court. No brief or request for an extension by Medina has been

filed, and Medina has not otherwise responded to this Court’s notice that the brief was overdue. Under these circumstances, we abate the appeal and remand the cause to the trial

court to hold a hearing. See Tex. R. App. P. 38.8(b)(2), (3), 43.6. During the hearing, the trial

court shall admonish Medina about his right to be represented by counsel on appeal and the

dangers and disadvantages of proceeding pro se, see Tex. Code Crim. Proc. art. 1.051(g), and

shall determine whether Medina desires to prosecute this appeal, whether he wants to proceed

pro se, and whether he is indigent, see Tex. R. App. P. 38.8(b)(2), (3). If Medina wants to

prosecute this appeal and is not indigent, the trial court shall determine whether he has made the

necessary arrangements for filing a brief. See id. If Medina wants to prosecute this appeal, is

indigent, and wants counsel appointed to represent him, the trial court should make appropriate

orders to ensure that he is adequately represented on appeal.

The trial court will advise Medina or his counsel, if any, that his appellant’s brief

is due within thirty days of the date of the trial court’s hearing. The trial court shall make

appropriate written findings and recommendations. Following the hearing, which shall be

transcribed, the trial court shall order the appropriate supplemental clerk’s and reporter’s

records—including all findings, conclusions, and orders—to be prepared and forwarded to this

Court no later than July 26, 2024. See Tex. R. App. P. 34.5(c)(2), .6(d), 38.8(b)(2), (3).

It is ordered on July 2, 2024.

Before Justices Baker, Triana, and Kelly

Abated and Remanded

Filed July 2, 2024

Do Not Publish