Opinion
05-23-00285-CR
07-09-2024
EFREN MEDINA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F21-76511-U
ORDER
AMANDA L. REICHEK, JUSTICE
Appellant's brief is overdue. Appellant's counsel, Valencia Bush, was appointed to represent appellant on March 28, 2024. On March 29, 2024, this Court notified Ms. Bush that appellant's brief was due April 29, 2024. On May 1, 2024, this Court notified Ms. Bush by postcard that appellant's brief was overdue, and we directed her to file appellant's brief and a motion for extension of time to file the brief within ten days. On May 30, 2024, this Court ordered Ms. Bush to file appellant's brief on or before June 14, 2024. We cautioned Ms. Bush that if appellant's brief and a motion for extension of time to file the brief were not filed by that date, the appeal might be abated 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). As of the date of this order, neither appellant's brief nor another motion for extension of time to file the brief have been filed.
Accordingly, the Court ORDERS the trial court to conduct a hearing within TWENTY DAYS of this order 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 when the trial court's findings are received or at such other time as deemed appropriate by the Court.
We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Huff, Presiding Judge, 291st Judicial District Court; Felicia Pitre, Dallas County District Clerk; Sasha Brooks, Official Court Reporter, 291st District Court; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.