Opinion
No. 05-20-00866-CR
03-17-2021
ADRIAN ALEXANDREW CASTILLEJA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F17-76547-H
ORDER
Appellant's brief was originally due December 13, 2020. When it was not filed, we notified appellant by postcard dated December 16, 2020 and directed him to file his brief along with a motion to extend time within ten days. On January 4, 2021, appellant filed a motion for an extension of time to file his brief which we granted. The brief, due February 19, 2021, has not been filed and we have had no communication from appellant.
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 Tina Yoo-Clinton, Presiding Judge, Criminal District Court No. 1; to Jeff Buchwald; 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/ LANA MYERS
JUSTICE