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Albert Araiza Garcia v. the State of Texas
04-21-00068-CR
| Tex. App. | Jul 20, 2021
|
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Case Information

*0 FILE COPY *1 FILE COPY Fourth Court of Appeals

San Antonio, Texas

July 20, 2021

No. 04-21-00068-CR

Albert Araiza GARCIA ,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2018CR0541

Honorable Velia J. Meza, Judge Presiding

O R D E R

Appellant’s brief was originally due May 12, 2021. On June 17, 2021, we abated this

case to the trial court and ordered the trial court to conduct a hearing to answer the following

questions:

(1) Does appellant desire to prosecute his appeal?

(2) Is appellant indigent? If appellant is indigent, the trial court shall take

such measures as may be necessary to assure the effective assistance

of counsel, which may include the appointment of new counsel.

(3) Has appointed or retained counsel abandoned the appeal? Because

sanctions may be necessary, the trial court should address this issue even if new

counsel is retained or substituted before the date of the hearing.

On July 6, 2021, appellant filed a pro se letter asking questions about his appeal and a pro

se letter stating he wanted to withdraw his appeal. On that same date, Mr. Vikash Bhakta filed a Notice of Appearance stating he had been appointed to represent appellant on appeal. On July

15, 2021, Mr. Bhakta filed a letter with this court stating appellant did not wish to withdraw his

appeal. On July 19, 2021, the reporter’s record from the abandonment hearing was filed. The

trial court found appellant wished to prosecute his appeal and Mr. Bhakta was appointed to

represent appellant on appeal.

It is therefore ORDERED that this appeal is REINSTATED on the docket of this court.

It is further ORDERED that Mr. Bhakta file appellant’s brief no later than August 19, 2021 .

_________________________________

Lori I. Valenzuela, Justice

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

court on this 20th day of July, 2021.

___________________________________

MICHAEL A. CRUZ, Clerk of Court

Case Details

Case Name: Albert Araiza Garcia v. the State of Texas
Court Name: Court of Appeals of Texas
Date Published: Jul 20, 2021
Docket Number: 04-21-00068-CR
Court Abbreviation: Tex. App.
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