Opinion
05-23-00368-CR
02-08-2024
NICHOLAS GLEEN FIELDS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-75357-S
ORDER
DENNISE GARCIA JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due October 19, 2023. On October 23, 2023, this Court notified appellant's counsel, Valencia Bush, that the brief was overdue and directed her to file the brief and a motion for extension of time to file the brief within ten days. On October 27, 2023, Ms. Bush filed a motion for extension of time to file the brief, which this Court granted, and ordered Ms. Bush to filed appellant's brief by November 18, 2023. On November 22, 2023, Ms. Bush filed another motion for extension of time to file the brief, which this Court granted and ordered Ms. Bush to filed the brief by December 22, 2023. As of the date of this order, Ms. Bush has not filed appellant's brief, and she has not communicated with this Court concerning this appeal since November 22, 2023.
Accordingly, we ORDER 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, including 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 DIRECT the Clerk to send copies of this order to the Honorable Amber Givens, Presiding Judge, 282nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and to counsel for all parties.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.