Joseph Michael Marra v. the State of Texas

Opinion

Order entered February 16, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00520-CR

JOSEPH MICHAEL MARRA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-84582-2018

ORDER

Appellant’s brief is overdue. Appellant’s brief was originally due November

6, 2022. On November 7, 2022, appellant moved for an extension of time to file

the brief; the Court granted the motion on November 8, 2022 and ordered

appellant’s brief filed by December 6, 2022. Appellant filed a second motion for

extension of time to file the brief on December 6, 2022; on December 8, 2022, the

Court granted the motion and ordered appellant’s brief filed by January 5, 2023.

On January 5, 2023, appellant filed a third motion for extension of time to file the brief; on January 9, 2023, the Court granted the motion and ordered appellant’s

brief filed by February 6, 2023. In the January 5, 2023 order, the Court cautioned

appellant that if the brief was not filed by February 6, 2023, the Court may abate

the case for a hearing in the trial court to determine why the brief has not been

filed. As of the date of this order, the brief is more than ten days overdue, and

appellant’s counsel has not filed either the brief, a further motion for extension, or

otherwise communicated with the Court concerning the brief.

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 has abandoned the appeal, or

whether appellant’s 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 counsel has

abandoned the appeal, the trial court is ORDERED to take such measures as may

be necessary to assure effective representation, including 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.

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

Thompson, Presiding Judge, 416th Judicial District Court; and to counsel for all

parties.

This appeal is ABATED to allow the trial court to comply with the above

order. This appeal shall be reinstated when the record transmitted by the trial court

is received or at such other time as the Court deems proper.

/s/ ERIN A. NOWELL JUSTICE