Joseph Michael Marra v. the State of Texas ( 2023 )

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