Rudy Martinez v. State

COURT OF APPEALS SANDEE BRYAN FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE MARION CADENA-REEVES JUSTICE CENTER CLERK OF COURT CHIEF JUSTICE 300 DOLOROSA, SUITE 3200 KAREN ANGELINI SAN ANTONIO, TEXAS 78205-3037 MARIALYN BARNARD WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE REBECA C. MARTINEZ (210) 335-2635 PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA FACSIMILE NO. JASON PULLIAM (210) 335-2762 JUSTICES Monday, February 23, 2015 Dayna L. Jones E. Bruce Curry 206 E. Locust Street District Attorney - 216th Judicial San Antonio, TX 78212 District Court * DELIVERED VIA E-MAIL * 200 Earl Garrett Street, Suite 202 Kerrville, TX 78028 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-14-00619-CR Trial Court Case Number: 4957 Style: Rudy Martinez v. The State of Texas Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause. If you should have any questions, please do not hesitate to contact me. Very truly yours, KEITH E. HOTTLE, CLERK _______________________ Carmen De Leon Deputy Clerk, Ext. 53262 The State of TexasAppellee Fourth Court of Appeals San Antonio, Texas Monday, February 23, 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 On December 5, 2014, thi s C ourt abated this case to the trial court and ordered the trial court to conduct a hearing to answer several questions. In addition, this Court ordered the trial court to file a supplemental clerk’s and reporter’s records, no later than February 19, 2015, which must include: (1) a transcription of the hearing and copies of any documentary evidence admitted, (2) written findings of fact and conclusions of law, and (3) recommendations addressing the above enumerated questions. On January 20, 2015, this Court reinstated this appeal following receipt of the supplemental record and the trial court’s findings. Appellant now files a Motion for Extension of Time to File Appellant’s Brief. The motion is GRANTED. Appellant’s counsel is ORDERED to file appellant’s brief on or before March 23, 2015. Because this court was required to abate the appeal for an abandonment hearing, no further extensions will be allowed. If the brief is not timely filed, this appeal will be abated to the trial court to conduct an abandonment hearing without further notice, and the trial court will be asked to determine whether sanctions against appellant’s attorney are appropriate. _________________________________ Jason Pulliam, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of February, 2015. ___________________________________ Keith E. Hottle Clerk of Court