Opinion
05-22-01340-CR 05-22-01342-CR
11-01-2023
CHRISTOPHER AARON QUEZADA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause Nos. F18-22354-J, F20-00326-J
ORDER
ERIN A. NOWELL, JUSTICE
We REINSTATE these appeals.
On October 11, 2023, we abated these appeals and ordered the trial court to hold a hearing and make findings regarding why appellant's attorney, William Knox, had not filed appellant's brief. The trial court held the hearing on October 17, 2023, and the trial court filed its findings with this Court on October 25, 2023.
During the hearing, attorney Taylor Johnson appeared for appellant and told the trial court that appellant and his family had fired Mr. Knox from representing appellant. Mr. Johnson told the court that appellant and his family indicated they no longer wished to prosecute the appeal and that appellant wished to abandon the appeal. Mr. Johnson also stated that appellant is not indigent and has retained counsel. It appears from the record that appellant was not present at the hearing.
The trial court filed written findings. The trial court found that "the Appellant no longer desires to prosecute this appeal." The trial court also stated in the findings, "The Court considers the statements made during the hearing indicating Appellant's intent to abandon the appeal, coupled with the fact that no new attorney has filed an appearance on his behalf, to be a Motion to Voluntarily Dismiss the Appeal on Appellant's Motion and recommends the appeal be dismissed."
We accept the trial court's findings. However, we cannot dismiss the appeals without some indication from appellant himself of his intention that the appeals be dismissed. See Tex. R. App. P. 42.2(a) ("The appellant and his or her attorney must sign the written motion to dismiss . . . ."). In this case, no written motion for dismissal of the appeal, signed by appellant, has been filed, and appellant did not personally appear at the October 17, 2023 hearing. Although appellant's attorney, Mr. Johnson, told the trial court at the hearing that appellant did not desire to prosecute the appeals and intended to abandon the appeals, appellant himself was not present at the hearing and did not tell the trial court he was abandoning the appeals.
Accordingly, we ORDER attorneys Taylor Johnson and William Knox to file with this Court on or before NOVEMBER 16, 2023, either appellant's brief or a motion to dismiss the appeal signed by appellant and his attorney and complying with Texas Rule of Appellate Procedure 42.2.
We DIRECT the Clerk to add Taylor Johnson as counsel for appellant. If Mr. Knox and Mr. Johnson intend to substitute Mr. Johnson or another attorney as counsel for appellant in place of Mr. Knox, they shall file with this Court a written motion to substitute counsel that complies with paragraphs (b) and (d) of Texas Rule of Appellate Procedure 6.5.
We DIRECT the Clerk to send a copy of this order by first class mail to Christopher Aaron Quezada, TDCJ No. 02425344, Stiles Unit, 3060 FM 3514, Beaumont, TX 77705.