TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00794-CR

Ruben Alonzo, Appellant v. The State of Texas, Appellee

FROM THE 331ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-21-301358, THE HONORABLE BOB PERKINS, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION PER CURIAM By Order and Memorandum Opinion dated May 15, 2024, this Court abated this appeal and remanded this cause for a hearing on counsel’s motion to withdraw and the possibility of appellant proceeding pro se and filing a brief. See Tex. R. App. P. 38.8(b)(2), (3).

We directed the trial court to forward a record of the hearing, including copies of all findings and any orders, to the Clerk of this Court for filing as a supplemental record no later than June 18, 2024. See id. Due to scheduling conflicts, the trial court has requested additional time to hold the hearing. We reinstate the appeal and grant the trial court’s request for additional time.

Consistent with our previous order, the trial court shall hold a hearing concerning whether Ruben Alonzo still wishes to prosecute his appeal and, if so, whether to grant attorney Gary Prust’s motion to withdraw; to appoint new counsel; or to allow Alonzo to proceed pro se after appropriate discussion about self-representation. The trial court shall make appropriate orders to ensure that Alonzo is represented on appeal or can proceed pro se.

A record of the hearing, including copies of all findings and any orders, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than July 1, 2024. See Tex. R. App. P. 38.8.

We abate the appeal and remand to the trial court to hold the hearing in accordance with this order and Rule 38.8 of the Texas Rules of Appellate Procedure.

It is ordered June 10, 2024.

Before Chief Justice Byrne, Justices Smith and Theofanis Abated and Remanded Filed: June 10, 2024 Do Not Publish