The State of TexasAppellee
Fourth Court of Appeals
San Antonio, Texas
January 20, 2015
No. 04-14-00619-CR
Rudy MARTINEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 4957
Honorable Stephen B. Ables, Judge Presiding
ORDER
Because appellant’s brief was not timely filed, this appeal was abated to the trial court for
an abandonment hearing to address the following questions: (1) does appellant desire to
prosecute his appeal; (2) is appellant indigent; and (3) has appointed or retained counsel
abandoned the appeal. See TEX. R. APP. P. 38.8(b)(2). The trial court conducted a hearing on
December 16, 2014; however, after the date of that hearing, appellant and/or his family retained
attorney Dayna Jones to pursue the appeal. In its findings of fact and conclusions of law, the
trial court determined: (1) appellant desires to prosecute his appeal; (2) retained counsel intends
to pursue the appeal; and (3) the previously appointed appellate counsel did not file a brief
because he changed employment.
It is therefore ORDERED that this appeal is REINSTATED on the docket of this court.
Appellant’s brief must be filed no later than February 19, 2015.
_________________________________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 20th day of January, 2015.
___________________________________
Keith E. Hottle
Clerk of Court