Hilario Santiago-Batista v. State

• Court: Court of Appeals of Texas
• Decided: September 18, 2017
• Docket: 05-17-00512-CR
• Status: Published

Opinion

Order entered September 18, 2017

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00512-CR

HILARIO SANTIAGO-BATISTA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-82818-2016

ORDER Appellant’s brief was due August 11, 2017. By postcard dated August 15, 2017, we

notified appellant that the brief was overdue and directed him to file his brief and a motion to

extend time to file the brief within ten days. To date, no brief or motion has been filed, and we

have had no 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/ LANA MYERS JUSTICE