Opinion
05-22-01186-CR
01-05-2024
IVAN ALONSO DELGADO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-82186-2020
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due March 24, 2023. On June 5, 2023, Lara Bracamonte Davila was appointed to represent appellant, and appellant's brief was due June 24, 2023. On August 28, 2023, this Court granted Ms. Davila's first motion for extension of time to file the brief and ordered the brief filed by September 27, 2023. On September 29, 2023, this Court granted Ms. Davila's second motion for extension of time to file the brief and ordered the brief filed by October 27, 2023. On October 31, 2023, this Court granted Ms. Davila's third motion for extension of time to file the brief and ordered the brief filed by November 27, 2023. On November 28, 2023, Ms. Davila filed her fourth and "Final Motion to Extend of Time to File Appellant's Brief," requesting an extension to December 27, 2023. We granted the motion and ordered the brief filed by December 27, 2023. As of the date of this order, appellant's brief has not been filed, and Ms. Davila has not communicated with the Court concerning this case since November 28, 2023.
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. 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 order the court reporter to file a reporter's record of the hearing required by this order 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 Benjamin Smith, Presiding Judge, 380th Judicial District Court; Karla Kimbrell, Official Court Reporter, 380th District Court; Michael Gould, Collin County District Clerk; and counsel for all parties.