Opinion
05-22-00844-CR 05-22-00850-CR05-22-00851-CR 05-22-00877-CR
08-26-2024
ENRIQUE GERARDO ESQUIVEL-MESEN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause Nos. 199-83448-2021, 199-83449-2021, 199-83450-2021, 199-83451-2021
ORDER
NANCY KENNEDY, JUSTICE.
Appellant's brief is overdue. The record was filed November 8, 2023, and appellant's brief was due December 9, 2023. Since then, appellant's counsel, Kristin Brown, has filed four motions for extension of time to file the brief, which this Court has granted, and this Court has issued other orders to Ms. Brown to file the brief. On June 25, this Court warned Ms. Brown that if appellant's brief was not filed by July 24, 2024, the appeals would be abated for the trial court to make findings in accordance with Rule of Appellate Procedure 38.8(b)(2). 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, and if 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.
These appeals are ABATED to allow the trial court to comply with the above order. The appeals 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 Angela Tucker, Presiding Judge, 199th Judicial District Court; Michael Gould, Collin County District Clerk; Jacqueline Kimbrough, Official Court Reporter, 199th District Court; and counsel for all parties.