Opinion
05-24-00029-CR
08-28-2024
ADRIAN CORTEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F19-76804
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due May 25, 2024. On July 26, 2024, this Court granted attorney Nanette Hendrickson's third motion for extension of time to file the brief and ordered her to file appellant's brief by August 23, 2024. We cautioned Ms. Hendrickson that if appellant's brief was not filed by that date, the appeal might be abated 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.
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 is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. The trial court's findings shall include whether counsel has begun work on the brief. If the trial court finds that counsel has not begun work on the brief, then the trial court shall find the date counsel expects to begin work on the brief. The trial court shall also find the date counsel expects to file the brief.
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 the reporter's record for 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 when the trial court's findings are received or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable J.J. Koch, Presiding Judge, Criminal District Court No. 2, Dallas County; Felicia Pitre, Dallas County District Clerk; Michelle Beltran, Official Court Reporter, Criminal District Court No. 2; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.