Manuel Ruiz Constancio v. State

CourtCourt of Appeals of Texas
DecidedMarch 26, 2015
Docket03-14-00411-CR
StatusPublished

This text of Manuel Ruiz Constancio v. State (Manuel Ruiz Constancio 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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Manuel Ruiz Constancio v. State, (Tex. Ct. App. 2015).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00411-CR

Manuel Ruiz Constancio, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT NO. A-11-0535-S, HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Manuel Ruiz Constancio filed his notice of appeal on May 27, 2014, and his brief was

due December 24, 2014, but was never filed. On February 9, 2015, this Court sent an overdue-brief

notice to Constancio’s appointed counsel, Shawntell McKillop, who failed to provide any response.

The appeal is abated. The district court shall conduct a hearing to determine

whether Constancio desires to prosecute this appeal, whether he is indigent, whether Ms. McKillop

has abandoned this appeal, and if so, whether new counsel should be appointed. See Tex. R. App.

P. 38.8(b)(2). A supplemental clerk’s record containing copies of all findings and orders from this

hearing and a transcription of the court reporter’s notes, shall be filed with this Court no later than

April 27, 2015. See Tex. R. App. P. 38.8(b)(3). It is ordered on March 26, 2015.

Before Chief Justice Rose, Justices Goodwin and Field

Abated and Remanded

Filed: March 26, 2015

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