Opinion
04-24-00494-CR
10-04-2024
Joe Luis TRINIDAD, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR0568 Honorable Frank J. Castro, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice.
Appellant's brief in this appeal was originally due by September 9, 2024 and was not filed. We notified appellant's appointed counsel, Donald B. Edwards, of the deficiency on September 12, 2024. See TEX. R. APP. P. 38.8(b)(2). In our notice, we cautioned counsel if we did not receive an adequate response by September 23, 2024, we would abate this appeal to the trial court for an abandonment hearing. See id. Counsel did not file a response. Therefore, pursuant to Texas Rule of Appellate Procedure 38.8(b)(2), we abate this case to the trial court and order the trial court to conduct a hearing to answer the following questions:
1. Does appellant desire to prosecute his appeal?
2. Is appellant indigent?
a. If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
b. If the trial court finds that appellant is not indigent, the trial court should determine whether appellant has made the necessary arrangements for filing a brief.
3. Has appointed or retained counsel abandoned the appeal? Because initiating contempt proceedings against appellant's counsel may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing. See TEX. R. APP. P. 38.8 (b)(4).
The trial court may, in its discretion, receive evidence on the first two questions by sworn affidavit from appellant. The trial court shall, however, order appellant's counsel to be present at the hearing.
We order the trial court to file its written findings of fact and conclusions of law with the trial court clerk no later than November 4, 2024. We order the trial court clerk to file a supplemental clerk's record in this court no later than November 18, 2024. We further order the court reporter to file in this court a supplemental reporter's record of the hearing, along with copies of any documentary evidence admitted, no later than twenty days after the date of the hearing.