Opinion
05-23-00603-CR
02-21-2024
ANDY GONZALEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 20-11062-86-F.
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE.
Appellant's brief is overdue. Appellant's brief was originally due October 29, 2023. This Court granted appellate counsel Danny Oliphant's motions for extension of time to file the brief filed October 31, 2023, November 29, 2023, and January 3, 2024. Pursuant to this Court's order of January 4, 2024, appellant's brief was due February 2, 2024. As of the date of this order, appellant's brief has not been filed.
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 Casey Blair, Presiding Judge, 86th Judicial District Court; Rhonda Hughey, Kaufman County District Clerk; Beth Woods, Official Court Reporter, 86th District Court; and counsel for all parties.