Opinion
No. 05-20-00421-CR
01-12-2021
ANTONIO ALEX ANGULOVILLALTA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F19-00739-P
ORDER
Appellant's brief was due December 10, 2020. When it was not filed, we notified appellant by postcard dated December 14, 2020 and instructed him to file his brief within ten days along with a proper motion to extend time. To date, no brief or motion has been filed.
We ORDER 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 this appeal, whether appellant has abandoned the appeal, or whether appointed 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.
We DIRECT the Clerk to send copies of this order to the Honorable Rachel Jones, Presiding Judge, 203rd Judicial District Court; to J. Daniel Oliphant, Jr.; and to the Dallas County District Attorney's Office, Appellate Division.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the Court finds it appropriate to do so.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE