Opinion
No. 05-18-01174-CR
05-28-2019
JOSE ALFREDO FUNES JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F17-00830-T
ORDER
Appellant's brief was initially due March 13, 2019. When it was not filed, we notified appellant by postcard dated March 15, 2019 and instructed him to file his brief and a motion for extension of time by March 25th. We cautioned appellant that the failure to do so would result in the appeal being abated for a hearing. The Court subsequently granted two extensions of time, making the due date for filing a brief May 7, 2019. To date, no brief has been filed, and we have had no correspondence from appellant regarding the brief or the appeal.
Therefore, 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 this appeal or whether appellant 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 DIRECT the Clerk to send copies of this order to the Honorable Lela Lawrence Mays, Presiding Judge, 283rd Judicial District Court; Jeff P. Buchwald; and to the Dallas County District Attorney.
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.
/s/ BILL PEDERSEN, III
JUSTICE