Opinion
05-23-00753-CR
03-28-2024
DARRIN LOPEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F21-75024
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. On January 5, 2024, appellant's counsel, Allan Fishburn, filed a motion for extension of time to file the brief requesting an extension of time until February 5, 2024. This Court granted the motion and ordered appellant's brief was due February 5, 2024. On February 21, 2024, this Court ordered Mr. Fishburn to file appellant's brief and motion for extension of time to file the brief by March 4, 2024. As of the date of this order, neither appellant's brief nor a second motion for extension of time to file the brief have been filed.
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 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.
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.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the findings are received or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Brandon Birmingham, Presiding Judge, 292nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Kelly Simmons, Official Court Reporter, 292nd District Court; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.