What did the appeals court decide?

The court denied another extension to file the appellant's brief, paused the appeal, and sent the case back to the trial court to hold a hearing about whether the appellant wants to continue and whether his lawyer abandoned the appeal.

Who is affected by this order?

The appellant (Sean Castrejana), his current appellate counsel, and the State are affected; the trial court and potentially substitute counsel will also be involved.

What happens next in the trial court?

The trial court must hold and transcribe a hearing, make written findings about the appellant's wishes and counsel's performance, appoint new counsel if needed, and send the findings and records to the Court of Appeals by June 1, 2026.

Can this decision be appealed immediately?

No — this is an interlocutory administrative order sending the case back to the trial court to develop the record; any appeal of those findings would occur later as allowed by law.

Sean Christopher Castrejana v. the State of Texas

Docket 03-25-00506-CR

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealRemanded

Filed: Apr 30, 2026 · 6 days ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 3rd District (Austin)
Type: Lead Opinion
Case type: Criminal Appeal
Disposition: Remanded
Docket: 03-25-00506-CR

Appeal from a criminal conviction in Comal County, with the appellant's appellate brief overdue and counsel having requested a fifth extension

Summary

The Court of Appeals denied the defendant's fifth motion for extension to file an appellate brief, abated the appeal, and remanded the case to the trial court for a hearing under Texas Rule of Appellate Procedure 38.8(b). The trial court must determine whether the appellant wants to continue the appeal and whether his counsel has abandoned the appeal, make written findings and recommendations, appoint substitute counsel if necessary, transcribe the hearing, and forward supplemental clerk’s and reporter’s records to the Court of Appeals by June 1, 2026. The court denied further extension and ordered the procedures to protect the appellant's right to counsel on appeal.

Issues Decided

Whether to grant an additional extension of time to file appellant's brief after multiple prior extensions were granted
Whether the trial court should hold a hearing to determine if the appellant wishes to prosecute the appeal and whether counsel has abandoned the appeal
Whether the trial court should appoint substitute counsel to represent the appellant on appeal if abandonment is found or effective representation is lacking

Court's Reasoning

The appellate court denied another extension because it previously warned counsel that no further extensions would be granted and directed compliance by a set date. Because counsel failed to file the brief as ordered, the court invoked Rule 38.8(b) procedures to protect the appellant's appellate rights — ordering a trial-court hearing to determine the appellant's wishes and possible counsel abandonment, requiring written findings, and directing appointment of substitute counsel if necessary. These steps ensure the record and representation are adequate before the appeal proceeds.

Authorities Cited

Texas Rules of Appellate Procedure Rule 38.8(b)

Parties

Appellant: Sean Christopher Castrejana
Appellee: The State of Texas
Judge: Stephanie Bascon

Key Dates

original brief due date: 2025-12-19
court-ordered brief due date after extensions: 2026-04-22
appellate order date: 2026-04-30
deadline for supplemental records to be forwarded: 2026-06-01

What You Should Do Next

1
Attend the trial-court hearing
The trial judge should schedule and conduct the hearing on whether the appellant desires to prosecute the appeal and whether counsel has abandoned the appeal, and ensure the hearing is transcribed.
2
Prepare written findings and recommendations
The trial court must make written findings about the appellant's wishes and counsel's performance and include recommendations and any orders appointing substitute counsel if appropriate.
3
Appoint substitute counsel if necessary
If the trial court finds counsel abandoned the appeal or counsel cannot effectively represent the appellant, the court should appoint new appellate counsel promptly.
4
Transmit supplemental records to the Court of Appeals
The clerk and court reporter must prepare and forward the supplemental clerk's and reporter's records, including the hearing transcript and written findings, to the Court of Appeals by 2026-06-01.

Frequently Asked Questions

What did the appeals court decide?: The court denied another extension to file the appellant's brief, paused the appeal, and sent the case back to the trial court to hold a hearing about whether the appellant wants to continue and whether his lawyer abandoned the appeal.
Who is affected by this order?: The appellant (Sean Castrejana), his current appellate counsel, and the State are affected; the trial court and potentially substitute counsel will also be involved.
What happens next in the trial court?: The trial court must hold and transcribe a hearing, make written findings about the appellant's wishes and counsel's performance, appoint new counsel if needed, and send the findings and records to the Court of Appeals by June 1, 2026.
Can this decision be appealed immediately?: No — this is an interlocutory administrative order sending the case back to the trial court to develop the record; any appeal of those findings would occur later as allowed by law.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00506-CR

Sean Christopher Castrejana, Appellant

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