Sean Christopher Castrejana v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00506-CR

Sean Christopher Castrejana, Appellant v.

The State of Texas, Appellee

FROM THE 466TH DISTRICT COURT OF COMAL COUNTY NO. CR2021-006E, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM Appellant’s brief was originally due December 19, 2025. This Court has granted counsel four motions requesting an extension of time to file his brief, and in granting the fourth motion, this Court ordered counsel to file a brief no later than April 22, 2026. We informed counsel that no further extension of time would be granted and that failure to comply with the order 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. Rather than comply with this Court’s order, counsel has filed a fifth motion for extension of time, requesting an additional forty-five days to file appellant’s brief.

We deny the motion. 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

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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 June 1, 2026. See id. R. 38.8(b)(3).

It is so ordered April 30, 2026.

Before Justices Triana, Kelly, and Ellis Abated and Remanded Filed: April 30, 2026 Do Not Publish