John Christopher Dominguez v. State

COURT OF APPEALS CATHERINE STONE FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF KAREN ANGELINI 300 DOLOROSA, SUITE 3200 COURT SANDEE BRYAN SAN ANTONIO, TEXAS 78205-3037 MARION WWW.4THCOA.COURTS.STATE.TX.US MARIALYN BARNARD TELEPHONE REBECA C. MARTINEZ (210) 335-2635 PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA FACSIMILE NO. JUSTICES (210) 335-2762 April 17, 2014 Susan D. Reed Patrick Barry Montgomery District Attorney, Bexar County Attorney At Law Paul Elizondo Tower 1 111 Soledad Street, Suite 300 101 W. Nueva suite 370 San Antonio, TX 78205 San Antonio, TX 78205 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-13-00789-CR Trial Court Case Number: 2013CR3592 Style: John Christopher Dominguez 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 April 17, 2014 No. 04-13-00789-CR John Christopher DOMINGUEZ, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR3592 Honorable Sid L. Harle, Judge Presiding ORDER Appellant’s brief was due February 28, 2014, but was not filed. The clerk of this court notified appellant’s counsel of the deficiency by letter dated March 4, 2014. See TEX. R. APP. P. 38.8(b)(2). The letter required appellant to respond in writing within ten days, explaining why the brief has not been filed and demonstrating that counsel has taken affirmative steps to prepare and file the brief. The letter further advised counsel that if an adequate response was not timely filed, the court would abate the appeal for an abandonment hearing in the trial court. We received no response. Pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we ordered the appeal abated and remanded to the trial court. We further ordered the trial court to conduct a hearing to determine: (1) whether appellant desires to prosecute his appeal, and (2) whether appointed counsel has abandoned the appeal. After the hearing, the trial court made findings of fact as required by this court, and the findings were filed in this court in a supplemental clerk’s record. Additionally, a supplemental reporter’s record of the abandonment hearing was filed in this court. After the hearing, the trial court found appellant still desired to appeal and appellate counsel, who is retained, had not abandoned the appeal. However, appellant’s counsel provided the trial court with no information as to when he intended to file the brief, nor has he filed a motion to extend time to file the brief in this court. Accordingly, we ORDER appellant to file the brief in this court on or before May 29, 2014, which is ninety days from the original due date of February 28, 2014. Appellant is advised that NO FURTHER EXTENSIONS OF TIME TO FILE THE BRIEF WILL BE GRANTED ABSENT WRITTEN PROOF OF EXTRAORDINARY CIRCUMSTANCES. APPELLANT IS FURTHER ADVISED THAT RETAINED COUNSEL’S DEMANDING WORK SCHEDULE IS NOT AN EXTRAORDINARY CIRCUMSTANCE. We order the clerk of this court to serve a copy of this order on all counsel. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of April, 2014. ___________________________________ Keith E. Hottle Clerk of Court