Opinion
05-23-00432-CR
02-27-2024
ROSALINO GALARZA CERBANTEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-76471-T
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Before us is appellant's February 26, 2024 third motion for extension of time to file his brief. We DENY appellant's motion and note that appellant's brief is overdue. Appellant's brief was originally due November 8, 2023. On November 9, 2023, we ordered appellant to file his brief within ten days of our order. On November 11, 2023, this Court granted appellant's counsel's motion for extension of time to file the brief and ordered the brief filed by December 8, 2023. On January 26, 2024, this Court granted appellant's counsel's motion for extension of time to file the brief and ordered counsel to file the brief by February 26, 2024. In sum, we have granted appellant two extensions of time to his brief, and we issued one additional order, ordering appellant to file his brief.
Accordingly, the Court ORDERS the trial court to conduct a hearing on the record 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. 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-Edinburg 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.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the trial court's findings are received or at such other time as the Court deems proper.
We DIRECT the Clerk to send copies of this order to the Honorable Lela Mays, Presiding Judge, 283rd Judicial District Court; Sharina Fowler, Official Court Reporter, 283rd Judicial District Court; and counsel for all parties.