Opinion
05-24-00066-CR05-24-00067-CR
11-04-2024
DOUGLAS TEJADA-MEJIA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause Nos. 34650CR, 34658CR
ORDER
NANCY KENNEDY JUSTICE
Before the Court is the fourth motion for extension of time to file appellant's brief filed by appellant's counsel, Lara Bracamonte Davila. Appellant's brief was originally due July 26, 2024. Ms. Davila previously filed motions for extension of time to file appellant's brief on July 29, 2024, August 26, 2024, and September 25, 2024, all of which this Court granted. In our order of September 27, 2024, granting Ms. Davila's third motion for extension of time to file the brief, we told Ms. Davila that if appellant's brief was not filed by October 30, 2024, this appeal would be abated for the trial court to make findings in accordance with rule of appellate procedure 38.8. Accordingly, we DENY appellant's fourth motion for extension of time to file the brief.
The Court ORDERS 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 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.
The trial court's findings shall also include whether counsel has begun work on the brief. If the trial court finds that counsel has not begun work on the brief, then the trial court shall find the date counsel expects to begin work on the brief. The trial court shall also find the date counsel expects to file the brief.
If the trial court finds that appointed counsel does not expect to file the brief within forty-five days of the hearing, the trial court shall make a finding whether other counsel could be appointed and expected to file the brief within forty-five days of the hearing. If the trial court finds that another attorney could be appointed to represent appellant and could file the brief within forty-five days or less of the hearing, the trial court shall make a finding of the name of that attorney, shall remove Ms. Davila from representing appellant, and shall appoint the lawyer who can file the brief within forty-five days.
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 the reporter's record for the hearing within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Keli Aiken, Judge Presiding, 354th Judicial District Court; Susan Spradling, Hunt County District Clerk; Shannon Sudderth, Official Court Reporter, 354th District Court; and counsel for all parties.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.