Opinion
05-22-01194-CR
11-10-2023
TIMOTHY KAYLON VALDEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F21-75126-U
ORDER
DENNISE GARCIA JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due June 15, 2023. On June 20, 2023, this Court notified appellant's counsel, Jeff P. Buchwald, that appellant's brief was overdue, and we directed Mr. Buchwald to file appellant's brief by June 30, 2023. On June 29, 2023, Mr. Buchwald filed a motion for a 45-day extension of time to file the brief, which this Court granted ordering Mr. Buchwald to file appellant's brief by August 14, 2023. On September 21, 2023, Mr. Buchwald filed another motion for extension of time to file the brief, which this Court granted ordering Mr. Buchwald to file appellant's brief by October 6, 2023. As of this date of this order, appellant's brief has not been filed, and Mr. Buchwald has not communicated with this Court concerning this appeal since September 21, 2023.
Accordingly, 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.
We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Huff, Presiding Judge, 291st Judicial District Court; Felicia Pitre, Dallas County District Clerk; Sasha Brooks, Official Court Reporter, 291st Judicial District Court; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.