Robert Miles Ritterpusch v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 16, 2023
• Docket: 07-23-00148-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00148-CR

ROBERT MILES RITTERPUSCH, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 51st District Court Sterling County, Texas1 Trial Court No. 984, Honorable Carmen S. Dusek, Presiding

August 16, 2023 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Robert Miles Ritterpusch, appeals from the trial court’s judgment

adjudicating him guilty of aggravated robbery2 and sentencing him to twenty-five years’

confinement. Appellant’s brief was originally due May 31, 2023. We subsequently

granted Appellant’s appointed counsel an extension to June 30, 2023, to file a brief. No

1 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the

Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. 2 See TEX. PENAL CODE ANN. § 29.03. brief was filed by this deadline. By letter of July 24, 2023, we notified Appellant’s counsel

that the brief was overdue and admonished him that failure to file a brief by August 3

would result in the appeal being abated and the cause remanded to the trial court for

further proceedings. Appellant’s counsel has not filed a brief or had any further

communication with this Court to date.

We, therefore, abate the appeal and remand the cause to the trial court for further

proceedings. See TEX. R. APP. P. 38.8(b)(2), (3). Upon remand, the trial court shall

determine the following:

(1) whether Appellant still desires to prosecute the appeal;

(2) whether Appellant is indigent;

(3) why a timely appellate brief has not been filed on behalf of Appellant;

(4) whether Appellant’s counsel has abandoned the appeal;

(5) whether Appellant has been denied the effective assistance of counsel;

(6) whether new counsel should be appointed; and

(7) if appellant desires to continue the appeal, the date the Court may expect

Appellant’s brief to be filed.

The trial court is also directed to enter such orders necessary to address the

aforementioned questions. So too shall it include its findings on those matters in a

supplemental record and cause that record to be filed with this Court by September 15,

2023. If it is determined that Appellant desires to proceed with the appeal, is indigent,

and has been denied the effective assistance of counsel, the trial court may appoint new

counsel; the name, address, email address, phone number, and state bar number of any

newly appointed counsel shall be included in the aforementioned findings.

2 Should counsel file a brief on or before August 30, 2023, he is directed to

immediately notify the trial court of the filing, in writing, whereupon the trial court shall not

be required to take any further action.

It is so ordered.

Per Curiam

Do not publish.