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Castillo-Diaz v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 9, 2017
No. 05-17-00644-CR (Tex. App. Nov. 9, 2017)

Opinion

No. 05-17-00644-CR No. 05-17-00645-CR No. 05-17-00646-CR

11-09-2017

ROBERT CASTILLO-DIAZ, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F16-41710-Q , F16-41711-Q & F16-41712-Q

ORDER

Appellant's brief in these cases was originally due August 11, 2017. After granting two motions to extend time, the brief was due October 30, 2017. To date, no brief has been filed, and we have had no further communication from appellant.

We therefore 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, whether appellant is indigent, or if not indigent, whether retained counsel 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 Tammy Kemp, Presiding Judge, 204th Judicial District Court; to retained counsel Kristin Brown; and to the Dallas County District Attorney's Office.

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/ CAROLYN WRIGHT

CHIEF JUSTICE


Summaries of

Castillo-Diaz v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 9, 2017
No. 05-17-00644-CR (Tex. App. Nov. 9, 2017)
Case details for

Castillo-Diaz v. State

Case Details

Full title:ROBERT CASTILLO-DIAZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 9, 2017

Citations

No. 05-17-00644-CR (Tex. App. Nov. 9, 2017)