Mike Ramos v. the State of Texas

                            Fourth Court of Appeals
                                   San Antonio, Texas
                                       December 29, 2022

                                      No. 04-22-00296-CR

                                         Mike RAMOS,
                                           Appellant

                                                v.

                                     The STATE of Texas,
                                           Appellee

                  From the 437th Judicial District Court, Bexar County, Texas
                                Trial Court No. 2019CR7828
                        Honorable Raymond Angelini, Judge Presiding


                                         ORDER
      On October 25, 2022, we abated this appeal and remanded this case to the trial court to
conduct an abandonment hearing to determine the following:

       (1) whether appellant desires to prosecute this appeal,

       (2) the reasons counsel has failed to file a brief and has failed to respond to
correspondence and inquiries from this court, and

      (3) whether appellant and counsel have established an attorney-client relationship and
whether appellant desires for counsel to continue representing her.

        We further ordered the trial court to make written findings of fact and conclusions of law
on these issues, and we ordered the trial court clerk and court reporter to file in this court, no
later than November 28, 2022, supplemental records. See TEX. R. APP. P. 38.8(b)(3). To date,
this court has not received any supplemental records or any indication the trial court has
conducted an abandonment hearing.

        Accordingly, we order the trial court to conduct an abandonment hearing and determine
the above questions by January 30, 2023. The trial court is directed to ensure effective
assistance of counsel and the orderly administration of justice. If the trial court finds appellant
and counsel have not established an attorney-client relationship, appellant does not desire
counsel to continue representing her, or removal of counsel is necessary to protect the integrity
of the judicial process or the fair and orderly administration of justice, the trial court may remove
appointed counsel and appoint new appellate counsel. The trial court may also, in its discretion,
receive evidence on the above issues by sworn affidavit from the appellant. The trial court shall,
however, order appellant’s counsel to be present at the hearing.

        We further order the trial court to make written findings of fact and conclusions of law
on the above issues, and we order the trial court clerk and court reporter to file in this court, no
later than March 13, 2023, (1) a supplemental clerk’s record containing the court’s written
findings of fact, conclusions of law, and recommendations addressing the above issues, and (2) a
supplemental reporter’s record of the hearing. See TEX. R. APP. P. 38.8(b)(3).




                                                      _________________________________
                                                      Luz Elena D. Chapa, Justice


       IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 29th day of December, 2022.



                                                      ___________________________________
                                                      MICHAEL A. CRUZ, Clerk of Court