Sean Christopher Castrejana v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00506-CR

Sean Christopher Castrejana, Appellant

v.

The State of Texas, Appellee

FROM THE 466TH DISTRICT COURT OF COMAL COUNTY
NO. CR2021-006E, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due December 19, 2025. This Court has granted

counsel four motions requesting an extension of time to file his brief, and in granting the fourth

motion, this Court ordered counsel to file a brief no later than April 22, 2026. We informed

counsel that no further extension of time would be granted and that failure to comply with the

order 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. Rather than comply with this Court’s order, counsel

has filed a fifth motion for extension of time, requesting an additional forty-five days to file

appellant’s brief.

We deny the motion. 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 June 1, 2026. See id. R. 38.8(b)(3).

It is so ordered April 30, 2026.

Before Justices Triana, Kelly, and Ellis

Abated and Remanded

Filed: April 30, 2026

Do Not Publish

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