Roman Turullos-Gonzalez v. the State of Texas
This text of Roman Turullos-Gonzalez v. the State of Texas (Roman Turullos-Gonzalez 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.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00684-CR NO. 03-22-00685-CR
Roman Turullos-Gonzalez, Appellant
v.
The State of Texas, Appellee
FROM THE 299TH DISTRICT COURT OF TRAVIS COUNTY NOS. D-1-DC-10-203463 & D-1-DC-12-301065 THE HONORABLE KAREN SAGE, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due March 20, 2023. After this Court granted
multiple motions requesting an extension of time to file his brief, appellant’s brief was due
August 4, 2023. In granting the most recent extension, this Court advised counsel that no further
extensions would be granted. On September 5, 2023, this Court sent a notice to appellant
informing him that his brief was overdue and that a failure to file a satisfactory response by
September 15, 2023, would result in the referral of this case to the trial court for a hearing under
Rule 38.8(b) of the Texas Rules of Appellate Procedure. To date, no brief or other response has
been tendered for filing and the brief is overdue.
The appeal is abated and remanded to the trial court. The trial court shall conduct
a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether counsel has abandoned this appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make
appropriate written findings and recommendations. See id. R. 38.8(b)(2), (3). If necessary, the
court shall appoint substitute counsel who will effectively represent appellant in this appeal.
Following the hearing, which shall be transcribed, the trial court shall order the appropriate
supplemental clerk’s and reporter’s records—including all findings and orders—to be prepared
and forwarded to this Court no later than April 12, 2024. See id. R. 38.8(b)(3).
It is so ordered March 13, 2024.
Before Chief Justice Byrne, Justices Smith and Theofanis
Abated and Remanded
Filed: March 13, 2024
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