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Guadiana v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 29, 2021
No. 05-20-00931-CR (Tex. App. Sep. 29, 2021)

Opinion

05-20-00931-CR

09-29-2021

DELFINO GUADIANA, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F18-34752-U

ORDER

ERIN A. NOWELL, JUSTICE

Appellant's brief was due on May 9, 2021. On counsel's motions, we granted five extensions of time, having considered the Texas Supreme Court's ongoing direction to liberally allow extensions of time due to the COVID-19 pandemic, and the brief was finally due on September 13, 2021. To date, no brief has been filed and we have had no communication from appellate counsel.

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, whether appellant has abandoned the appeal, or whether appointed 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 TWENTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Huff, Presiding Judge, 291st Judicial District Court; to Kristin R. Brown; and to the Dallas County District Attorney's Office, Appellate Division.

This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated twenty days from the date of this order or when the findings are received, whichever is earlier.


Summaries of

Guadiana v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 29, 2021
No. 05-20-00931-CR (Tex. App. Sep. 29, 2021)
Case details for

Guadiana v. State

Case Details

Full title:DELFINO GUADIANA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 29, 2021

Citations

No. 05-20-00931-CR (Tex. App. Sep. 29, 2021)