Roman Turullos-Gonzalez v. the State of Texas

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

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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Before Chief Justice Byrne, Justices Smith and Theofanis Abated and Remanded Filed: March 13, 2024 Do Not Publish