Rodrigo Martin Bernal v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00149-CR

Rodrigo Martin Bernal, Appellant

v.

The State of Texas, Appellee

FROM THE 22ND DISTRICT COURT OF HAYS COUNTY
NO. CR-20-4152-A, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due October 23, 2025. On November 13, 2025,

this Court sent a notice to appellant’s counsel informing him that appellant’s brief was overdue

and that a failure to file a satisfactory response by November 24, 2025, would result in the

referral of this case to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of

Appellate Procedure. To date, the Court has received no response from counsel, and no brief has

been tendered for filing.

The appeal is abated and remanded to the trial court. The trial court shall conduct

a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether

counsel has abandoned this appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make

appropriate written findings and recommendations. See id. R. 38.8(b)(2), (3). If necessary, the

court shall appoint substitute counsel who will effectively represent appellant in this appeal.
Following the hearing, which shall be transcribed, the trial court shall order the appropriate

supplemental clerk’s and reporter’s records—including all findings and orders—to be prepared

and forwarded to this Court no later than January 30, 2026. See id. R. 38.8(b)(3).

It is so ordered January 15, 2026.

Before Chief Justice Byrne, Justices Theofanis and Crump

Abated and Remanded

Filed: January 15, 2026

Do Not Publish

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