COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: Julian Villegas v. The State of Texas

Appellate case number: 01-17-00109-CR

Trial court case number: 1531887

Trial court: 248th District Court of Harris County

The complete record was filed in the above-referenced appeal on April 16, 

2017, making appellant’s brief due on May 17, 2017. See TEX. R. APP. P. 38.6(a). 

On May 24, 2017, the Clerk of the Court notified appellant’s appointed counsel, E. 

Chevo Pastrano, that a brief had not been filed and required a response within 10 

days. See TEX. R. APP. P. 38.8(b)(2). Appellant’s counsel filed a motion on June 9, 

2017 requesting a sixty-day extension to file appellant’s brief. The motion was 

granted and the deadline was extended to July 17, 2017. After appellant counsel 

failed to file a brief, another late brief notice was sent on July 25, 2017. Appellant’s 

counsel then requested a second extension on August 3, 2017 requesting an 

additional 30 day extension. This court granted an extension to August 16, 2017 with 

no further extensions absent extraordinary circumstances. On December 3, 2017, 

appellant’s counsel filed a third extension requesting an additional 30 days to 

November 2, 2017. The court granted an extension to October 20, 2017 with no 

further extensions. Appellant’s counsel again failed to file a brief and another late 

brief notice was sent on October 25, 2017. Appellant’s counsel failed to respond to 

the notice and has not filed a brief on appellant’s behalf.

We abate the appeal and remand the cause to the trial court to conduct a 

hearing at which a representative of the Harris County District Attorney’s Office and 

appellant’s appointed counsel, E. Chevo Pastrano, shall be present. At the trial 

court’s discretion, appellant may be present for the hearing in person or, if 

incarcerated, he may participate in the hearing by closed-circuit video 

teleconferencing.
We direct the trial court to:

1) determine whether appellant still wishes to pursue this appeal;

2) if appellant wishes to pursue this appeal, determine whether good cause 

exists to relieve E. Chevo Pastrano of his duties as appellant’s counsel;

a. if good cause exists to remove counsel, the trial court shall enter 

a written order relieving E. Chevo Pastrano of his duties as 

appellant’s counsel, including in the order the basis for finding 

good cause for his removal, and appoint substitute appellate 

counsel, at no expense to appellant;

b. if good cause does not exist to remove counsel, the trial court 

shall provide a final deadline by which E. Chevo Pastrano must 

file appellant’s brief, which shall be no more than 30 days from 

the date of the hearing;

3) enter written findings of fact, conclusions of law, and recommendations 

as to these issues, separate and apart from any docket sheet notations; 

and

4) make any other findings and recommendations the trial court deems 

appropriate.

See TEX. CODE CRIM. PROC. art. 1.051(a), (c), (d)(1), 26.04(j)(2); TEX. R. APP. P.

38.8(b).

The court coordinator of the trial court shall set a hearing date no later than 

30 days from the date of this order and notify the parties and the Clerk of this Court 

of such date. The trial court clerk is directed to file a supplemental clerk’s record 

containing the trial court’s findings and recommendations with this Court within 30 

days of the date of the hearing. The court reporter is directed to file the reporter’s 

record of the hearing within 30 days of the date of the hearing.

The appeal is abated, treated as a closed case, and removed from this Court’s 

active docket. The appeal will be reinstated on this Court’s active docket when the 

supplemental clerk’s record and the reporter’s record of the hearing are filed in this 

Court. 

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

 Acting individually 

Date: February 15, 2018