Opinion
No. 05-18-01094-CR
05-30-2019
AUGUSTO AMBROSIO CARRERA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-82936-2016
ORDER
Appellant's brief was initially due March 3, 2019. The Court granted two extensions of time, making the due date May 2, 2019. To date, no brief has been filed, and we have had no correspondence from appellant's counsel.
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 this appeal, whether appellant has abandoned the appeal, or 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 note that we have abated at least three appeals so that the trial courts of Collin County can hold a hearing for this lawyer to explain the failure to file briefs. We recognize that there may be additional considerations in cases where counsel is retained and that these may form part of the basis for the delay here. That said, we again find the same lawyer in the same county with the same problem that clogs this court's docket and creates additional work for the courts of at least one of the six counties under our jurisdiction. The problem arises each time, as it has in this case, from the lawyer's failure to communicate with this court about the failure to file a brief.
We DIRECT the Clerk to send a copy of this order to the Honorable Andrea Thompson, Presiding Judge, 216th Judicial District Court; to retained counsel Kristin Brown; to the Collin County District Attorney; and to appellant Augusto Ambrosio Carrera, TDCJ# 02227188, Telford Unit, 3899 Highway 98, New Boston, TX 75570.
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.
/s/ CORY L. CARLYLE
JUSTICE