Opinion
05-23-00535-CR
01-18-2024
JUAN ARRIAGAGUADRON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-34546-T.
ORDER
NANCY KENNEDY JUSTICE
Before the Court is attorney Mark Watson's notice that he is not representing appellant, has not been appointed to represent appellant, and is not on the appellate wheel in Dallas County. The clerk's record, however, shows Mr. Watson was appointed to represent appellant. Appellant's brief was originally due December 1, 2023, and we extended the time on our own motion to January 16, 2024. As of the date of this order, appellant's brief has not been filed.
We ORDER the trial court to conduct a hearing on the record within TWENTY DAYS of the date of this order to determine whether appellant is represented by counsel. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal, whether appellant is represented by counsel, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See TEX. R. APP. P. 38.8(B). 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. 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).
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations and any orders appointing counsel, to this Court within THIRTY DAYS of the date of this order.
We order the court reporter to file a reporter's record of the hearing required by this order 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 and orders 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 Lela D. Mays, Presiding Judge, 283rd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Sharina Fowler, Official Court Reporter, 283rd District Court, attorney Mark Watson; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.
We DIRECT the Clerk to send a copy of this order by first class mail to
Juan Arriagaguadron
TDCJ # 02454182
Huntsville Unit 815 12th Street
Huntsville, TX 77348