Opinion
05-23-00083-CR
02-08-2024
REYNALDO CORONADO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F19-21469-X
ORDER
DENNISE GARCIA JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due November 8, 2023. On November 27, 2023, this Court granted appellant's counsel's motion for extension of time to file the brief and ordered the brief filed by December 21, 2023. On or about January 4, 2023, this Court ordered appellant's counsel, Kristin R. Brown, to file appellant's brief and a motion for extension of time to file the brief by January 16, 2023. As of the date of this order, appellant's brief has not been filed, and Ms. Brown has not communicated with this Court since November 21, 2023.
Accordingly, the Court ORDERS the trial court to conduct a hearing on the record to determine why appellant's brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See Tex. R. App. P. 38.8(b). If the trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.-Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the trial court's findings are received or at such other time as the Court deems proper.
We DIRECT the Clerk to send copies of this order to the Honorable Nancy Mulder, Presiding Judge, Criminal District Court No. 6, Dallas County; Felicia Pitre, Dallas County District Clerk; Marissa Garza, Official Court Reporter, Criminal District Court No. 6; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.