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