Opinion
05-22-01200-CR05-22-01201-CR
07-10-2023
NICKLAS ALLEN GAGLIARDI, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause Nos. 33887CR, 33888CR
ORDER
DENNISE GARCIA, JUSTICE.
Before the Court is appellant's July 6, 2023 third motion to extend time to file appellant's brief. We DENY appellant's motion, and we ORDER appellant to file his brief by or before JULY 17, 2023. If appellant does not file his brief by the ordered date, this Court ORDERS the trial court to conduct a hearing 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, to the extent that proceedings are required, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the time appellant is ordered to file his brief.