Opinion
No. 05-18-01210-CR No. 05-18-01211-CR No. 05-18-01212-CR No. 05-18-01213-CR
05-28-2019
JUAN VELASQUEZ BENITEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F11-53117-U , F11-62850-U, F12-52399-U & F12-55564-U
ORDER
Appellant's brief was initially due April 4, 2019. When it was not timely filed, we notified appellant by postcard dated April 8, 2019 and instructed him to file his brief along with a motion to extend time by April 18, 2019. Appellant filed a motion for extension of time which we granted, making his brief due on May 4, 2019. To date, appellant's brief has not been filed, and appellant has had no further communication with the Court regarding the brief or the appeals.
Therefore, 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 these appeals or whether appellant 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 DIRECT the Clerk to send copies of this order to the Honorable Stephanie Mitchell, Presiding Judge, 291st Judicial District Court; Valencia Bush; and to the Dallas County District Attorney.
These appeals are ABATED to allow the trial court to comply with the above order. The appeals shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
/s/ LANA MYERS
JUSTICE