Hector Anguiano v. the State of Texas

Opinion

Order entered February 15, 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 these appeals.

On January 9, 2023, we abated these appeals and ordered the trial court to

conduct a hearing to determine why appellant’s brief has not been filed and to

make written findings and recommendations.

The trial court conducted the hearing on February 6, 2023. The trial court

found appellant is indigent, desires to prosecute the appeals, and has not abandoned the appeals; appellant’s court-appointed attorney is Kristin Brown; and

appellant desires Ms. Brown to continue as his attorney representing him on

appeal. The trial court also found Ms. Brown has not abandoned the appeals but

failed to file the brief due to personal reasons. The trial court found “this delay

was not intentional, but due to personal extenuating circumstances, to which this

Court is wholly sympathetic.” Ms. Brown stated she desires to continue as

appellant’s attorney and is ready to proceed with the appeals. The State’s attorney

had no objection to the Court of Appeals granting appellant and Ms. Brown an

extension of time to file appellant’s brief.

During the hearing before the trial court, Ms. Brown told the trial court she

hoped to be able to finish the brief in thirty days. The trial court recommended

providing an extension of forty-five days. We accept the trial court’s findings and

recommendation and will grant an extension of time to file appellant’s brief of

forty-five days from the February 6, 2023, hearing.

It is ORDERED that appellant’s brief be filed on or before MARCH 23,

2023.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE