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Lopez v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 13, 2017
No. 05-16-01024-CR (Tex. App. Jun. 13, 2017)

Opinion

No. 05-16-01024-CR

06-13-2017

SIMON SAMUEL LOPEZ, JR., Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 219th Judicial District Court Collin County, Texas
Trial Court Cause No. 380-80596-10

ORDER

The Court has before it appellant's June 12, 2017 third motion to extend time to file his brief. By order dated May 10, 2017, we granted appellant's second motion to extend time and ordered the brief filed by June 7. We cautioned appellant that the failure to file a brief by that date would result in this appeal being abated for a hearing under rule 38.8. See TEX. R. APP. P. 38.8. We DENY appellant's June 12 motion.

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 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, 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 thirty days from the date of this order or when the findings are received, whichever is earlier.

/s/ LANA MYERS

JUSTICE


Summaries of

Lopez v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 13, 2017
No. 05-16-01024-CR (Tex. App. Jun. 13, 2017)
Case details for

Lopez v. State

Case Details

Full title:SIMON SAMUEL LOPEZ, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 13, 2017

Citations

No. 05-16-01024-CR (Tex. App. Jun. 13, 2017)