Opinion
05-24-00337-CR 05-24-00338-CR
09-16-2024
MAXIMO ZAPATA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause Nos. F21-61643, F22-57136.
ORDER
BONNIE LEE GOLDSTEIN, JUSTICE.
Appellant's brief is overdue. The brief was originally due June 1, 2024. The Court subsequently granted three motion for extension of time to file the brief filed by appellant's counsel, Nanette Hendrickson. On July 31, 2024, this Court granted the third motion for extension of time to file the brief and ordered Ms. Hendrickson to file appellant's brief by August 30, 2024. As of the date of this order, appellant's brief has not been filed.
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 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.
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.
These appeals are ABATED to allow the trial court to comply with the above order. The appeals shall be reinstated when the trial court's findings are received or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4, Dallas County; Felicia Pitre, Dallas County District Clerk; Charon Evans, Official Court Reporter, Criminal District Court No. 4; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.