Marco Antonio Castillo Alvarado v. State

Opinion

Order entered July 31, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-00115-CR

MARCO ANTONIO CASTILLO ALVARADO, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas

Trial Court Cause No. F16-20876-V

ORDER

Appellant’s brief was initially due May 11, 2019. The Court granted two extension

motions, making the brief due July 10, 2019. In our June 11, 2019 order, we cautioned appellant that the failure to file his brief by July 10th might result in the appeal being abated for a hearing under rule 38.8(b)(3). See TEX. R. APP. P. 38.8(b)(3). To date, no brief has been filed, and we have had no communication regarding this appeal.

Therefore, 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 TWENTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Brandon Birmingham, Presiding Judge, 292nd Judicial District Court; to Lawrence Mitchell.; and to the Dallas County District Attorney’s Office.

This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated twenty days from the date of this order or when the findings are received, whichever is earlier.

/s/ CORY L. CARLYLE

JUSTICE