Court of Civil Appeals of Texas, 2013

Hector Augusto Gramajo v. State

Hector Augusto Gramajo v. State
Court of Civil Appeals of Texas · Decided May 16, 2013

Hector Augusto Gramajo v. State

Opinion

Jfourtf) Court of Antonio, May 16,2013

No. 04-12-00451-CR and 04-12-00452-CR

Hector Augusto GRAMAJO, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR9358 and 2009CR9359 Honorable Mary D. Roman, Judge Presiding

ORDER Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

Appellant's brief was originally due on January 31, 2013. No motion for extension of time has been filed. No brief has been filed.

On March 20, 2013, we abated these appeals to the trial court to hold a hearing to determine whether appellant desired to prosecute these appeals, whether appellant was indigent, and whether counsel had abandoned these appeals. See Tex. R. App. P. 38.8(b)(2). On April 19, 2013, a supplemental reporter's record and a supplemental clerk's record containing the trial court's findings of facts and conclusions of law were filed. In its findings of fact and conclusions of law, the trial court found that appellant desired to pursue these appeals, appellant was still indigent, and appellant's counsel had not abandoned these appeals. The supplemental reporter's record shows that appellant's court-appointed counsel, JUDITH WEMMERT, represented to the trial court that appellant's brief would be filed by May 1, 2013. On April 23, 2013, we ordered appellant's brief filed by May 1, 2013. Despite our April 23, 2013 order, JUDITH WEMMERT still has not filed appellant's brief.

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