The State of TexasAppellee

Fourth Court of Appeals San Antonio, Texas April 7, 2014 No. 04-13-00761-CR Ruben NERIO, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2005CR1231 The Honorable Angus K. McGinty, Judge Presiding ORDER Appellant’s brief was originally due on February 26, 2014. Appellant is represented on appeal by appointed counsel, Mr. Mark E. Braswell. Mr. Braswell has been granted one extension of time in which to file the brief, until March 26, 2014. Neither the brief nor a motion for extension of time has been filed.

It is therefore, ORDERED that Mr. Braswell shall file appellant’s brief in this court no later April 25, 2014. No further extensions of time will be granted. If Mr. Braswell fails to file appellant’s brief by April 25, 2014, this cause will be abated for the trial court to conduct a hearing to determine whether: (1) appellant desires to prosecute his appeal; (2) appellant is indigent, and if so, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel; and (3) counsel has abandoned the appeal. Because sanctions may be necessary, the trial court will be asked to address this issue even if new counsel is retained or substituted before the date of the hearing.

The Clerk of this court shall cause a copy of this order to be served on Mr. Braswell by certified mail, return receipt requested, and by United States mail.

_________________________________ Sandee Bryan Marion, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of April, 2014.

___________________________________ Keith E. Hottle Clerk of Court