Opinion
05-23-00697-CR 05-23-00698-CR
02-22-2024
HAROLD GENE MARTINEZ, JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause Nos. 401-85385-2021, 401-85386-2021
ORDER
NANCY KENNEDY JUSTICE
Before us is appellant's February 20, 2024 third motion for extension of time to file his brief. We DENY appellant's motion and note that appellant's brief is four-and-a-half-months overdue. Appellant's brief was originally due October 5, 2023. On November 15, 2023, this Court granted appellant's counsel's motion for extension of time to file the brief and ordered the brief filed by December 15, 2023. On December 27, 2023, we granted appellant's counsel's motion for extension of time to file the brief and ordered counsel to file the brief by January 17, 2024. On February 9, 2024, we ordered appellant to file his brief or a motion for extension of time by February 20, 2024. In sum, we have granted appellant two extensions of time to his brief and one additional order, ordering appellant to file his brief.
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-Edinburg 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 George B. Flint, Presiding Judge, 401st Judicial District Court, Collin County; Charla Reamy, Official Court Reporter, 401st Judicial District Court; and counsel for all parties.