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Trujillo-Camacho v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 7, 2018
No. 05-17-00735-CR (Tex. App. Feb. 7, 2018)

Opinion

No. 05-17-00735-CR

02-07-2018

FRANCISCO J. TRUJILLO-CAMACHO, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the County Court at Law No. 4 Collin County, Texas
Trial Court Cause No. 004-84704-2016

ORDER

Appellant's brief was due December 20, 2017. When it was not filed, we notified appellant by postcard dated December 27, 2017 and directed him to file his brief and a motion to extend time within ten days. Appellant filed a motion to extend time which we granted, ordering the brief filed by January 19, 2018. To date, no brief has been filed and we have had no further communication from appellant.

Therefore, 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.

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 thirty days from the date of this order or when the findings are received, whichever is earlier.

/s/ CRAIG STODDART

JUSTICE


Summaries of

Trujillo-Camacho v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 7, 2018
No. 05-17-00735-CR (Tex. App. Feb. 7, 2018)
Case details for

Trujillo-Camacho v. State

Case Details

Full title:FRANCISCO J. TRUJILLO-CAMACHO, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 7, 2018

Citations

No. 05-17-00735-CR (Tex. App. Feb. 7, 2018)