Mauricio Nqavarette-Torres v. the State of Texas

Court of Appeals of Texas

Mauricio Nqavarette-Torres v. the State of Texas

DecidedMarch 3, 2022

Docket01-21-00322-CR

StatusPublished

This text of Mauricio Nqavarette-Torres v. the State of Texas (Mauricio Nqavarette-Torres v. the State of Texas) 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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Mauricio Nqavarette-Torres v. the State of Texas, (Tex. Ct. App. 2022).

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Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Mauricio Nqavarette-Torres v. The State of Texas Appellate case number: 01-21-00322-CR Trial court case number: 1540067 Trial court: 178th District Court of Harris County Appellant, Mauricio Nqavarette-Torres, timely filed a notice of appeal from the trial court’s June 15, 2021 Judgment of Conviction by Jury. Appellant’s brief was initially due to be filed by November 17, 2021. See TEX. R. APP. P. 38.6(a). However, no brief was filed, and on December 6, 2021, appellant was notified that unless he filed a brief or motion to extend time to file a brief within ten days, the Court would be required to abate the appeal and order the trial court to conduct a hearing to determine whether appellant wishes to prosecute his appeal, and if so, whether his court-appointed counsel had abandoned the appeal. On December 16, 2021, appellant’s court-appointed counsel filed a motion for extension of time to file appellant’s brief, requesting a thirty-day extension of the deadline for filing appellant’s brief. Appellant’s request for an extension was granted, making his brief due on or before January 18, 2022. No brief was filed by the extended deadline. On January 26, 2022, appellant was again notified that if no brief was filed within ten days, the Court would abate the appeal and order the trial court to conduct a hearing to determine whether appellant wishes to prosecute his appeal, and if so, whether his court-appointed counsel had abandoned the appeal. On February 4, 2022, appellant’s court-appointed counsel filed a second motion for extension of time, requesting that the deadline for filing appellant’s brief be extended by an additional sixty days. The motion is granted. Appellant’s brief is due to be filed on or before March 18, 2022. No further extensions will be considered by the Court. Failure to file a brief by March 18, 2022 will result in the appeal being abated for the trial court to hold a hearing to make findings regarding the reason for the failure to timely file a brief, to determine if counsel has abandoned the appeal, and if so, whether new counsel should be appointed to represent appellant in his appeal. It is so ORDERED.

Judge’s signature: ____/s/ April Farris_______  Acting individually  Acting for the Court

Date: ___March 3, 2022____

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COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Mauricio Nqavarette-Torres v. The State of Texas Appellate case number: 01-21-00322-CR Trial court case number: 1540067 Trial court: 178th District Court of Harris County Appellant, Mauricio Nqavarette-Torres, timely filed a notice of appeal from the trial court’s June 15, 2021 Judgment of Conviction by Jury. Appellant’s brief was initially due to be filed by November 17, 2021. See TEX. R. APP. P. 38.6(a). However, no brief was filed, and on December 6, 2021, appellant was notified that unless he filed a brief or motion to extend time to file a brief within ten days, the Court would be required to abate the appeal and order the trial court to conduct a hearing to determine whether appellant wishes to prosecute his appeal, and if so, whether his court-appointed counsel had abandoned the appeal. On December 16, 2021, appellant’s court-appointed counsel filed a motion for extension of time to file appellant’s brief, requesting a thirty-day extension of the deadline for filing appellant’s brief. Appellant’s request for an extension was granted, making his brief due on or before January 18, 2022. No brief was filed by the extended deadline. On January 26, 2022, appellant was again notified that if no brief was filed within ten days, the Court would abate the appeal and order the trial court to conduct a hearing to determine whether appellant wishes to prosecute his appeal, and if so, whether his court-appointed counsel had abandoned the appeal. On February 4, 2022, appellant’s court-appointed counsel filed a second motion for extension of time, requesting that the deadline for filing appellant’s brief be extended by an additional sixty days. The motion is granted. Appellant’s brief is due to be filed on or before March 18, 2022. No further extensions will be considered by the Court. Failure to file a brief by March 18, 2022 will result in the appeal being abated for the trial court to hold a hearing to make findings regarding the reason for the failure to timely file a brief, to determine if counsel has abandoned the appeal, and if so, whether new counsel should be appointed to represent appellant in his appeal. It is so ORDERED.

Judge’s signature: ____/s/ April Farris_______  Acting individually  Acting for the Court

Date: ___March 3, 2022____

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Mauricio Nqavarette-Torres v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mauricio-nqavarette-torres-v-the-state-of-texas-texapp-2022.