Opinion
05-24-00218-CR
09-09-2024
WILLIAM ISIDRO RIVERA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 289th District Court Bexar County, Texas Trial Court Cause No. 2022CR10517
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
Before us is appellant's September 5, 2024 fourth motion for extension of time to file his brief. We DENY appellant's motion and note that appellant's brief is overdue.
Appellant's brief was originally due May 9, 2024. On May 23, 2024, this Court granted appellant's counsel's motion for extension of time to file the brief and ordered the brief filed by June 8, 2024. On June 13, 2024, we ordered counsel to file the brief by July 15, 2024. On July 29, 2024, we again granted counsel's motion for extension of time to file the brief and ordered counsel to file the brief by August 26, 2024. Further, we warned appellant that if his brief was not filed by that date, this appeal would 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).
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 Rose Sosa, Presiding Judge, 289th Juvenile District Court; Julie Winston, Official Court Reporter, 289th Juvenile District Court; and counsel for all parties.