Opinion
05-24-00134-CR
12-05-2024
STEVEN RAY JORDAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-84183-2023
ORDER
BONNIE LEE GOLDSTEIN, JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due July 31, 2024. On October 7, 2024, this Court granted appointed counsel Lara Bracamonte Davila's third motion for extension of time to file the brief, extending the time an additional 45 days and ordering Ms. Davila to file appellant's brief by November 25, 2024. We cautioned Ms. Davila that if the brief was not filed by that date, the Court would abate the appeal for the trial court to hold a hearing and make findings as required by Rule of Appellate Procedure 38.8(b)(2), (3). As of the date of this order, the appellant's brief has not been filed.
The Court ORDERS the trial court to conduct a hearing within TWENTY DAYS of the date of this order 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, which may include appointment of new counsel.
The trial court's findings shall also include whether Ms. Davila has begun work on the brief. If the trial court finds that Ms. Davila has not begun work on the brief, then the trial court shall find the date counsel expects to begin work on the brief. The trial court shall also find the date counsel expects to file the brief.
If the trial court finds that Ms. Davila does not expect to file the brief within thirty days of the hearing, the trial court shall make a finding whether other counsel could be appointed and expected to file the brief within thirty days of the hearing. If the trial court finds that another attorney could be appointed to represent appellant and could file the brief within thirty days or less of the hearing, the trial court shall make a finding of the name of that attorney, shall remove Ms. Davila from representing appellant, and shall appoint the lawyer who can file the brief within thirty days.
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 the reporter's record for the hearing within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable George Flint, Presiding Judge, 401st Judicial District Court; Michael Gould, Collin County District Clerk; Charla Reamy, Official Court Reporter, 401st District Court; and 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.