Rivas v. State

Full title: ABEL RIVAS, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 26, 2020

No. 05-19-01588-CR (Tex. App. Jun. 26, 2020)

Opinion

No. 05-19-01588-CR

06-26-2020

ABEL RIVAS, Appellant v. THE STATE OF TEXAS, Appellee

ROBERT D. BURNS, III CHIEF JUSTICE

On Appeal from the 194th Judicial District Court Dallas County, Texas
Trial Court Cause No. F19-59242-M

ORDER

Appellant's brief was due May 16, 2020. When it was not filed, we notified appellant by postcard dated May 20, 2020 and directed him to file his brief and a motion for extension of time within ten days. We cautioned appellant that the failure to file his brief and a motion would result in the appeal being abated for a hearing under appellate rule 38.8(b)(3). To date, no brief has been filed and we have had no communication from appellant.

We ORDER 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 these appeals, whether appellant has abandoned the appeals, or whether appointed counsel has abandoned the appeals. 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 DIRECT the Clerk to send copies of this order to the Honorable Ernest White, Presiding Judge, 194th Judicial District Court; Valencia Bush, and the Dallas County District Attorney's Office, Appellate Division.

We ABATE the appeal 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.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE