Opinion
05-23-00735-CR 05-23-00785-CR
03-29-2024
PAUL HERRERA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause Nos. F18-48236, F18-48235
ORDER
ERIN A. NOWELL, JUSTICE
Appellant's brief is overdue. The brief was originally due November 15, 2023. On November 20, 2023, we granted the motion for extension of time to file the brief and ordered appellant's counsel, Valencia Bush, to file appellant's brief by December 15, 2023. On January 8, 2024, we ordered Ms. Bush to file appellant's brief by January 18, 2024. On February 8, 2024, we ordered Ms. Bush to file appellant's brief by February 20, 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 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 appeals, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeals. 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.
We order the court reporter for the hearing to file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
These appeals are ABATED to allow the trial court to comply with the above order. The appeals shall be reinstated when the findings are received or at such other time the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Chica Anyiam, Presiding Judge, Criminal District No. 7, Dallas County; Felicia Pitre, Dallas County District Clerk; Stacy Harlow, Official Court Reporter, Criminal District Court No. 7; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.