Opinion
05-21-00640-CR
02-07-2024
STEPHANIE BELIJANA LIMAURO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-82584-2020
ORDER
ERIN A. NOWELL JUSTICE
On January 8, 2024, this Court's case management system crashed, and some orders, including the following order issued on or about January 3, 2024, were not recovered. In the interest of the completeness of the Court's records, the Court issues the following order, which is the same in substance to the order of January 3, 2024, and effective as of that date. If the parties or the trial court did not receive this order, they should notify this Court without delay.
Appellant's brief is overdue. On October 3, 2023, this Court granted appellant's counsel's motion for extension of time to file the brief and ordered appellant's counsel to file appellant's brief by November 6, 2023. On November 8, 2023, this Court sent appellant's counsel, Stephanie Hudson, written notice that the brief was overdue and directed counsel to file appellant's brief and a motion for extension of time to file the brief within ten days. On December 5, 2023, we again sent Ms. Hudson written notice that the brief was overdue and directed counsel to file appellant's brief and a motion for extension of time to file the brief within ten days. As of the date of this order, neither appellant's brief nor another motion for extension of time to file the brief has been filed. Ms. Hudson has not communicated with this Court concerning this appeal since October 3, 2023.
Accordingly, the Court ORDERS the trial court to conduct a hearing on the record 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.
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.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the trial court's findings are received or at such other time as the Court deems proper.
We DIRECT the Clerk to send copies of this order to the Honorable Andrea Thompson, Presiding Judge, 416th Judicial District Court; Destiny Moses, Official Court Reporter, 416th Judicial District Court; and counsel for all parties.
We DIRECT the Clerk to send a copy of this order by first class mail to Stephanie Limauro, No. 02355092, Marlin Unit, 2893 State Hwy 6, Marlin TX 7661-6588.