Opinion
05-23-00291-CR 05-23-00292-CR
03-28-2024
EFREN GUEL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause Nos. F21-76847-U, F23-00048-U
ORDER
NANCY KENNEDY JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due January 8, 2024. On January 23, 2024, this Court notified appellant's counsel, Valencia Bush, that the brief was overdue and directed her to file appellant's brief and motion for extension of time to file the brief within ten days. On February 23, 2023, this Court ordered Ms. Bush to file appellant's brief and a motion for extension of time to file the brief by March 4, 2024. As of the date of this order, Ms. Bush has not filed appellant's brief or a motion for extension of time to file the brief, and she has not communicated with the Court concerning this appeal.
Accordingly, 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 appeals, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeals. 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 for the hearing to file a reporter's record of the hearing 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 findings are received or at such other time the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Huff, Presiding Judge, 291st Judicial District Court; Felicia Pitre, Dallas County District Clerk; Sasha Brooks, Official Court Reporter, 291st Judicial District Court; and counsel for all parties.