Fourth Court of Appeals

San Antonio, Texas

April 23, 2013

No. 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 appeals, and remanded these cases 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) whether counsel had abandoned these

appeals. 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 supplemental 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 trial 

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, therefore, 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, Justice
VOL. _____ PAGE _______

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

court on this 23th day of April, 2013.

 ____________________________________

Keith E. Hottle

Clerk of Court
VOL. _____ PAGE _______

MINUTES

Court of Appeals

Fourth Court of Appeals District

San Antonio, Texas

April 23, 2013

No. 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, 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 appeals, and remanded these cases 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) whether counsel had abandoned these

appeals. 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 supplemental 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 trial 

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, therefore, 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/Karen Angelini

Karne Angelini, Justice

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

court on this 23th day of April, 2013.

/s/Keith E. Hottle_

Keith E. Hottle

Clerk of Court

ENTERED THIS 23RD DAY OF APRIL, 2013.