Opinion
04-24-00220-CV
06-27-2024
IN THE MATTER OF D.A.C.
From the 436th District Court, Bexar County, Texas Trial Court No. 2023JUV01069 Honorable William (Cruz) Herman Shaw III, Judge Presiding
ORDER
PATRICIA O. ALVAREZ, JUSTICE
This is an accelerated appeal of an order transferring Appellant D.A.C. from juvenile court to adult court.
After no brief or motion for extension of time to file the brief was filed, we ordered Appellant to show cause in writing by June 3, 2024, why his appeal should not be dismissed for want of prosecution. See Tex. R. App. P. 38.6(a), 38.8(a). We cautioned Appellant that if he failed to respond as ordered, we would dismiss the appeal. Cf. id. R. 38.8(b)(2); Herndon v. Tex. Dep't of Family & Protective Servs., No. 03-11-00030-CV, 2012 WL 896010, at *1 (Tex. App.-Austin Mar. 13, 2012, no pet.) (mem. op.); In re T.V., 8 S.W.3d 448, 449 (Tex. App.- Waco 1999, order).
However, because juvenile defendants are afforded the right to effective assistance of counsel and because his appellate counsel was appointed pursuant to the Texas Family Code, we now remand for an abandonment hearing.
In re M.P.A., 364 S.W.3d 277, 290 (Tex. 2012).
In doing so, we look to the abandonment procedures for criminal cases for guidance. See, e.g., Tex.R.App.P. 38.8(b); see also Matter of M.A.F., 966 S.W.2d 448, 450 (Tex. 1998) (recognizing that juvenile proceedings are quasi-criminal in nature); M.R.R. v. State, 903 S.W.2d 49, 52 (Tex. App.-San Antonio 1995, no writ) (applying substantive rights over civil appellate procedure in juvenile proceeding).
Accordingly, we ABATE this appeal and REMAND the cause to the trial court for an abandonment hearing. Cf. Tex. R. App. P. 38.8(b); Samaniego v. State, 952 S.W.2d 50, 52-53 (Tex. App.-San Antonio 1997, no pet.). We ORDER the trial court to conduct a hearing to answer the following questions:
(1) Does Appellant desire to prosecute his appeal?
(2) Has appointed counsel abandoned the appeal?
The trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
The trial court may receive evidence on the first question by sworn affidavit from Appellant or other means determined by the trial court. The trial court shall order Appellant's counsel to be present at the hearing. See id. R. 38.8(b)(3).
We ORDER the trial court to produce written findings of fact and conclusions of law, and the trial court's recommendations addressing the questions listed above and deliver them to the trial court clerk within FIFTEEN DAYS of the date of this order.
We ORDER the trial court clerk and court reporter, respectively, to file a supplemental clerk's record and a reporter's record in this court, not later than TWENTY DAYS from the date of this order, which records shall include the following: (1) a transcript of the hearing and copies of any documentary evidence admitted, (2) the trial court's written findings of fact and conclusions of law, and (3) the trial court's recommendations addressing the questions listed above. See id
All other appellate deadlines are SUSPENDED pending further order of this court.