Opinion
05-23-00647-CR
05-09-2024
CHRISTOPHER COGGINS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F22-32931
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due November 12, 2023. Since then, this Court has granted appellant's five motions for extension of time to file appellant's brief, and the Court has granted an extension on its own motion. Many of the orders cautioned appellant's counsel, Jeff Buchwald that if the brief were not filed, then the Court would abate the case for the trial court to make findings concerning appellant's failure to file appellant's brief. As of the date of this order, Mr. Buchwald has not filed appellant's brief or another motion for extension of time to file the brief.
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 appeal, whether appellant is indigent, or if not indigent, 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 shall make a finding of whether Mr. Buchwald is providing effective assistance of counsel to appellant, and 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 order the court reporter for the hearing to file a reporter's record of the hearing 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 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 Tina Clinton, Presiding Judge, Criminal District Court No. 1, Dallas County; Felicia Pitre, Dallas County District Clerk; Sharyl Zeno, Official Court Reporter, Criminal District Court No. 1; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.