Opinion
05-22-01334-CR 05-22-01350-CR
11-10-2023
RODOLFO CERVANTES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F03-24822, F03-24830
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due May 7, 2023. On May 15, 2023, appellant's counsel, Kristin R. Brown, filed a motion for extension of time to file the brief requesting an extension until June 14, 2023. We granted the motion and ordered the brief filed on or before June 14, 2023. On June 26, 2023, Ms. Brown filed a motion to abate the appeal and alternatively for extension of time to file the brief. On June 28, 2023, this Court denied the motion to abate but granted an extension and ordered Ms. Brown to file appellant's brief by July 28, 2023. On August 2, 2023, Ms. Brown moved for an extension of time to file the brief, which this Court granted on August 3, 2023, ordering Ms. Brown to file appellant's brief by September 4, 2023. On September 5, 2023, Ms. Brown again moved for an extension of time to file the brief, which this Court granted on September 7, 2023, ordering Ms. Brown to file appellant's brief by October 4, 2023. Our orders repeatedly warned Ms. Brown that if she did not file appellant's brief, we might abate the appeals for the trial court to make findings in accordance with Rule of Appellate Procedure 38.8. As of the date of this order, appellant's brief has not been filed.
Accordingly, the Court ORDERS 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 the 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.
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.
We DIRECT the Clerk to send copies of this order to the Honorable Ernest White, Presiding Judge, 194th Judicial District Court; Felicia Pitre, Dallas County District Clerk; Belinda Baraka, Official Court Reporter; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.