# Fourth Court of Appeals

**San Antonio, Texas**

April 23, 2013

N o. 04

- 12

- 00451

- CR and 04

- 12

- 00452

- CR

Hector Augusto GRAMAJO

, Appellant

v. The STATE of Texas

, Appellee/s

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2009CR9358 and 2009CR9359

Honorable Mary D. Roman, Judge Presiding



### ORDER

Appellant is represented on appeal by court

- appointed counsel, Judith Wemmert. Appellant’s brief was due in these appeals on January 31, 2013. Appellant ’s counsel failed to file appellant’s brief or a motion for extension of time. Therefore, on February 12, 2013, the clerk of this court sent appellant’s counsel a notice of late brief. Again, appellant ’s counsel failed to file appellant’s brief or a motion for extension of time. On March 20, 2013, we suspended all appellate deadlines, abated these appeal s, and remanded th ese case s to the trial court. We ordered the trial court to hold a hearing to determine whether (1) appellant desired to prosecute this appeal, (2) whether appellant was indigent, and (3) wh eth er counsel had abandoned these appeal s . We ordered the trial court to file written findings of fact and conclusions of law no later than thirty days from the date of our order. We further ordered the trial court clerk and the court reporter to file supplem ental records no later than twenty days after the date of the hearing.

On April 19, 2013, the trial court clerk and the court reporter filed supplemental records. The clerk’s record contains written findings of fact and conclusions of law filed by the t rial

court. In these findings of fact and conclusions of law, the trial court found that (1) appellant desires to prosecute this appeal, (2) appellant remains indigent, and (3) appellant’s counsel has not abandoned this appeal. The supplemental reporter’s record shows that appellant’s counsel represented to the trial court that appellant’s brief will be filed in this court by May 1, 2013.

We, th erefore, ORDER appellant’s court

- appointed counsel , Judith Wemmert, to file appellant’s brief in this court or before May 1, 2013. Our previous order suspending all appellate

deadlines is LIFTED.

_________________________________ Karen Angelini, JusticeVOL. _____ PAGE _______ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 23 th day of April, 2013

.

____________________________________ Keith E. Hottle

Clerk of CourtVOL. _____ PAGE _______ MINUTES Court of Appeals Fourth Court of Appea ls District San Antonio, Texas April 23, 2013

N o. 04

- 12

- 00451

- CR and 04

- 12

- 00452

- CR

Hector Augusto GRAMAJO

, Appellant/s

v. The STATE of Texas, Appellee/s

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2009CR9358 and 2009CR9359

Honorable Mary D. Roman, J udge Presiding



### ORDER

Appellant is represented on appeal by court

- appointed counsel, Judith Wemmert. Appellant’s brief was due in these appeals on January 31, 2013. Appellant ’s counsel failed to file appellant’s brief or a motion for extension of time. Therefore, on February 12, 2013, the clerk of this court sent appellant’s counsel a notice of late brief. Again, appellant ’s counsel failed to file appellant’s brief or a motion for extension of time. On March 20, 2013, we suspended all appellate deadlines, abated these appeal s, and remanded th ese case s to the trial court. We ordered the trial court to hold a hearing to determine whether (1) appellant desired to prosecute this appeal, (2) whether appellant was indigent, and (3) wh eth er counsel had abandoned these appeal s . We ordered the trial court to file written findings of fact and conclusions of law no later than thirty days from the date of our order. We further ordered the trial court clerk and the court reporter to file supplem ental records no later than twenty days after the date of the hearing.

On April 19, 2013, the trial court clerk and the court reporter filed supplemental records. The clerk’s record contains written findings of fact and conclusions of law filed by the t rial

court. In these findings of fact and conclusions of law, the trial court found that (1) appellant desires to prosecute this appeal, (2) appellant remains indigent, and (3) appellant’s counsel has not abandoned this appeal. The supplemental reporter’s record shows that appellant’s counsel represented to the trial court that appellant’s brief will be filed in this court by May 1, 2013.

We, th erefore, ORDER appellant’s court

- appointed counsel , Judith Wemmert, to file appellant’s brief in this court or before May 1, 2013. Our previous order suspending all appellate

deadlines is LIFTED.

/s/K aren Angelini Karne Angelini , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 23 th day of April, 2013

. /s/Keith E. Hottle

_ Keith E. Hottle

Clerk of Court

ENTERED THIS 23 RD DAY OF APRIL, 2013.