# Fourth Court of Appeals

San Antonio, Texas

July 12, 2016

No. 04

- 15

- 00596

- CR

Isidro Espinosa SOLIS, Appellant

v.

The STATE of Texas, Appellee

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

Trial Court No. 2014CR2691 Honorable Mary D. Roman, Judge Presiding



### O R D E R

Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice

We abated this appeal for a hearing in the trial court pursuant to rule 38.8(b)( 2 ) of the Texas Rules of Appellate Procedure. W e have received a reporter’s record of the hearing, the trial court’s findings and conclusions, and retained cou ns el’s motion for extension of time to file

a brief.

A ppellant’s retained counsel, John D. Herrick, filed this appeal filed in September 2015. In February 2016, after a hearing in which the trial court ruled Solis was entitled to a free record on appeal, we ordered the court reporter to file the reporter’s record. The record was filed on March 2, and we sent counsel a letter advisin g him the r ecord had been fil e d. Accordingly, the appellant’s brief was due April 1

. On April 5, the clerk of this court sent Herrick a notice advising him the brief was past due and requiring that a brief or re s ponse be filed within ten days

. Counsel did not resp ond , and on A pril 20 we ordered counsel to file the brief by April 25.

No brief was filed

.W e therefore abated the appeal for the trial court to conduct an abandonment hearing

pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure

. At the hearing, Herrick

told the trial court he was unaware that the reporter’s record had been filed and had not received any letter or order from this court regarding the appellant’s brief. He further told the court that

an ex

- employee broke into his office a nd took his computer , files, and mail.

The trial court found that Solis still wants to pursue his appeal and that Herrick has not abandoned the appeal. The court ordered Solis to file a motion for extension of time with this court explaining the circumstances. On June 29, Herrick filed a motion for extension of time to file his brief stating that he was unaware the brief was due and that h is office has “never
received” this court’s letter and orders.

A ll notices to counsel from this court , inclu ding orders to which counsel has responded,

have been sent to counsel electronically at the email address he provided to this court

. See T EX

. R. A PP

. P. 9.2(c)(7) (authorizing court to send notices, orders, and other communications to party electronically )

. Our notice that the reporter’s record had been filed was sent to Herrick by email on March 2, 2016 at 5:37:01 p.m. The April 5 letter was sent electronically to counsel’s email address on April 5, 2016, at 5 : 40 : 02 p.m. O ur April 20 order was sent elect ronically on April 20, 2016, at 5 : 46 : 54 p .m. N o email was returned as undeliverable.

We note that it is counsel’s responsib ility to ensure that the court has counsel’s correct
email and mailing address es

. C ounsel is also professionally oblig ated to keep abreast of the

status of his cases and maintain communication with the court. Information on the status, filings,

and orders in the case are accessible to counsel online or by calling the office of the C lerk of the

court.

We reinstate this appeal on the docket of the court. We grant appellant’s motion for

extension of time and order John D. Herrick to file appellant’s brief by August 11, 2016

. No extensions of time will be granted. Counsel is advised that if the b rief is not filed by the date ordered, he may be ordered to appear before this court to show cause why he should not be held in contempt

.

_________________________________ Luz Elena D. Chapa, Justice

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

court on this 12th day of July, 2016

.

___________________________________ Keith E. Hottle

Clerk of Court