Roli Aroldo Lopez v. State

• Court: Court of Appeals of Texas
• Decided: June 10, 2019
• Docket: 05-19-00177-CR
• Status: Published

Opinion

Order entered June 10, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00177-CR

ROLI AROLDO LOPEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-81302-2018

ORDER Appellant’s brief was initially due May 4, 2019. When it was not filed, we notified

appellant by postcard dated May 8, 2019 and directed him to file a brief and an extension motion

by May 18, 2019. To date, no brief has been filed, and we have had no correspondence from

appellant regarding the brief or the 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 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.

We DIRECT the Clerk to send a copy of this order to the Honorable Angela Tucker,

Presiding Judge, 199th Judicial District Court; to counsel Stephanie Hudson; and to the Collin

County District Attorney.

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