Opinion
05-23-00307-CR
11-13-2023
AMIRAUS IMON LUSTER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-75755-S.
ORDER
DENNISE GARCIA, JUSTICE.
Appellant's brief is overdue. Appellant's brief was originally due July 1, 2023. On July 5, 2023, this Court notified appellant's counsel, Jeff P. Buchwald, that appellant's brief was overdue. We directed Mr. Buchwald to file appellant's brief and a motion for extension of time to file the brief by July 17, 2023. On July 17, 2023, Mr. Buchwald filed a motion for extension of time to file the brief requesting a forty-five day extension to August 31, 2023. On July 18, 2023, this Court granted Mr. Buchwald an extension, but we required Mr. Buchwald to file appellant's brief by July 31, 2023. On August 7, 2023, Mr. Buchwald filed a second motion for extension of time to file the brief requesting a thirty-day extension to September 5, 2023. On August 8, 2023, we granted the extension and ordered Mr. Buchwald to file appellant's brief by September 7, 2023. On October 2, 2023, Mr. Buchwald filed a third motion for extension of time to file the brief requesting a twenty-day extension to October 23, 2023. On October 3, 2023, we granted the motion and ordered Mr. Buchwald to file appellant's brief by October 23, 2023. As of the date of this order, Mr. Buchwald has not filed the brief, and he has not communicated with the Court concerning this appeal since October 2, 2023. Our orders repeatedly cautioned Mr. Buchwald that if appellant's brief was not filed by the stated date, this Court might abate the appeal for the trial court to make findings in accordance with Rule of Appellate Procedure 38.8. See Tex. R. App. P. 38.8(b)(2).
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.
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.
We DIRECT the Clerk to send copies of this order to the Honorable Amber Givens, Presiding Judge, 282nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Lisa Jackson, Official Court Reporter for the 282nd Judicial District Court; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.