Opinion
05-23-00314-CR
02-20-2024
ERIC STEWART, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-76697
ORDER
NANCY KENNEDY, JUSTICE
Before us is appellant's February 15, 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 August 30, 2023. On September 6, 2023, this Court granted appellant's counsel's motion for extension of time to file the brief and ordered the brief filed by September 29, 2023. On November 8, 2023, we ordered counsel to file the brief by November 27, 2023. On November 29, 2023, we again granted counsel's motion for extension of time to file the brief and ordered counsel to file the brief by December 27, 2023. After not receiving appellant's brief, on January 5, 2024, we ordered appellant to file his brief by January 16, 2024. On January 16, 2024, we granted counsel's extension motion and ordered appellant to file his brief by February 16, 2024. In sum, we have granted appellant three extensions of time to his brief, and we have issued two additional orders, 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 Brandon Birmingham, Presiding Judge, 292nd Judicial District Court; Kelly Simmons, Official Court Reporter, 292nd District Court; and counsel for all parties.