Opinion
05-22-01336-CR
03-13-2024
On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F21-24196-M
ORDER
ERIN A. NOWELL JUSTICE
Appellant's brief is overdue.
On October 10, 2023, attorney Jeff Buchwald was appointed to represent appellant, and appellant's brief was due November 13, 2023. On November 29, 2023, this Court granted Mr. Buchwald's first motion for extension of time to file the brief and ordered the brief filed by January 11, 2024. On January 25, 2024, Mr. Buchwald filed a second motion for extension of time to file the brief, which this Court granted and ordered Mr. Buchwald to file the brief by February 20, 2024. As of the date of this order, Mr. Buchwald has not filed appellant's brief, and he has not communicated with this Court concerning this case since January 25, 2024.
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 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.
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.
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 findings are received, whichever is earlier.
We DIRECT the Clerk to send copies of this order to the Honorable Ernest White, Presiding Judge, 194th Judicial District Court; Felicia Pitre, Dallas County District Clerk; Belinda Baraka, Official Court Reporter, 194th District Court; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.