In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-12-00520-CR
________________________
ARMANDO VEJAR A/K/A ARMANDO VEJAR PENALOZA
A/K/A ARMANDO PENALOSA, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 69th District Court
Hartley County, Texas
Trial Court No. 1081H, Honorable Roland Saul, Judge Presiding
September 19, 2013
NOTICE OF PAST DUE FINDINGS OF FACT
AND CONCLUSIONS OF LAW
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Following a plea of not guilty, Appellant, Armando Vejar, a/k/a Armando Vejar
Penaloza, a/k/a Armando Penalosa, was convicted by a jury of possession of less than
one gram of cocaine 1 and sentenced to 300 days in a state jail facility, suspended in
favor of four years community supervision, and a $1,500 fine which was not suspended.
1
TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West 2010).
Sentence was imposed on October 29, 2012, and notice of appeal was filed on
November 26, 2012. The appellate record has been filed. Appellant’s brief was due to
be filed on June 14, 2013, but has yet to be filed.
By letter dated June 26, 2013, counsel for Appellant, Steve Hall, 2 was advised
that the brief remained outstanding and was granted until July 8, 2013, in which to file
the brief, noting that failure to comply might result in abatement of the appeal and
remand of the cause to the trial court for further proceedings. By an Order of
Abatement issued by this Court on July 18, 2013, this cause was abated and the trial
court was ordered to take such steps as were reasonably necessary to insure that
Appellant’s counsel filed a brief on or before August 9, 2013, and, upon failure of
Appellant’s counsel to do so, to (1) conduct a hearing and (2) file findings of fact and
conclusions of law by August 30, 2013. To date, Appellant’s counsel has failed to file a
brief and the trial court has failed to file findings of fact and conclusions of law.
Pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate Procedure,
findings of fact and conclusions of law in accordance with this Court’s Order of
Abatement dated July 18, 2013, shall be filed no later than October 7, 2013.
Per Curiam
Do not publish.
2
By Notice to Designate Lead Counsel filed in this Court on June 17, 2013, Steve Hall, Appellant’s
retained counsel, indicated he would remain as Appellant’s sole appellate attorney.
2