Hector Anguiano v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 9, 2023
• Docket: 05-22-00680-CR
• Status: Published

Opinion

Order entered January 9, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00680-CR No. 05-22-00686-CR

HECTOR ANGUIANO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F17-76221-X, F17-76222-X

ORDER

We REINSTATE this appeal.

Appellant’s brief was due on October 13, 2022. When it was not filed, we

notified appellant by postcard dated October 17, 2022, that the brief was overdue

and directed him to file a brief and an extension motion within ten days. To date,

no brief or motion has been filed, and we have had no communication from

appellant regarding the appeal. So that this appeal can proceed, we ORDER 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 this appeal, whether appellant has

abandoned the appeal, or whether appointed 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.

Additionally, the trial court’s certifications of defendant’s right of appeal in

these cases have not been filed in this Court. Review of the trial court’s online

docket sheet shows the trial court signed the certifications of defendant’s right of

appeal on August 25, 2022, but the certifications have not been filed in this Court.

Accordingly, we ORDER Felicia Pitre, Dallas County District Clerk, to file with this Court within TEN DAYS of the date of this order, a supplemental clerk’s

record in each case containing the certification of the defendant’s right of appeal

for that case.

We DIRECT the Clerk to send copies of this order to the Honorable Nancy

Mulder, Presiding Judge, Criminal District Court No. 6; Felicia Pitre, Dallas

County District Clerk; and to counsel for all parties.

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 Court finds it appropriate to do so.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE