William Baptiste Bloys v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 30, 2024
• Docket: 03-24-00096-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00096-CR

William Baptiste Bloys, Appellant

v.

The State of Texas, Appellee

FROM THE 33RD DISTRICT COURT OF LLANO COUNTY NO. CR8500, THE HONORABLE J. ALLAN GARRETT, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief on appeal was originally due April 11, 2024, but following an

abatement was scheduled to be due June 20, 2024. On counsel’s motions, the time for filing was

extended to August 21, 2024. Appellant’s counsel has now filed a third motion, requesting that

the Court extend the time for filing appellant’s brief. In both his second and third motions,

appellant’s counsel has represented that he believes appellant wants to dismiss his appeal.

Appellant’s counsel also asserts that he sent a motion to dismiss to appellant for appellant’s

signature but that appellant has not yet returned the motion with his signature.

In light of the preceding, we abate this appeal to allow the trial court to conduct a

hearing to determine whether appellant wishes to prosecute his appeal. See Trejo v. State, No. 04-

14-00731-CR, 2015 WL 1247272, at *1 (Tex. App.—San Antonio Mar. 18, 2015, no pet.) (per curiam) (mem. op., not designated for publication) (noting that appellate court abated appeal to

determine whether appellant desired to pursue appeal); see also Tex. R. App. P. 43.6 (permitting

courts of appeals to make “any other appropriate order that the law and the nature of the case

require”). If the trial court determines during the hearing that appellant does not wish to pursue

this appeal, it shall direct appellant and his attorney to submit a motion to dismiss with this Court

that complies with Rule 42.2 of the Rules of Appellate Procedure. See Tex. R. App. P. 42.2. On

the other hand, if the trial court determines that appellant does wish to pursue his appeal, it shall

inform appellant and his attorney that his appellant’s brief is due 30 days from the date of the

hearing, that no further extensions will be granted, and that the failure to timely file a brief will

result in this Court ordering a hearing under Rule 38.8. See id. R. 38.8 (authorizing appellate

courts to abate appeal for hearing to determine whether appellant desires to prosecute appeal).

On remand, the trial court shall make appropriate written findings and

recommendations. Following the hearing, which shall be transcribed, the trial court shall order

the appropriate supplemental clerk’s and reporter’s records—including all findings, conclusions,

and orders, if any—to be prepared and forwarded to this Court no later than September 23, 2024.

See id. R. 34.5(c)(2), .6(d) (authorizing supplementation of clerk’s and reporter’s records).

It is ordered on August 30, 2024.

Before Justices Baker, Smith, and Theofanis

Abated and Remanded

Filed: August 30, 2024

Do Not Publish