Hector Anguiano v. the State of Texas ( 2023 )

Order entered January 9, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00680-CR
No. 05-22-00686-CR
HECTOR ANGUIANO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause No. F17-76221-X, F17-76222-X
ORDER
We REINSTATE this appeal.
Appellant’s brief was due on October 13, 2022. When it was not filed, we
notified appellant by postcard dated October 17, 2022, that the brief was overdue
and directed him to file a brief and an extension motion within ten days. To date,
no brief or motion has been filed, and we have had no communication from
appellant regarding the appeal.
So that this appeal can proceed, 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 THIRTY
DAYS of the date of this order.
Additionally, the trial court’s certifications of defendant’s right of appeal in
these cases have not been filed in this Court. Review of the trial court’s online
docket sheet shows the trial court signed the certifications of defendant’s right of
appeal on August 25, 2022, but the certifications have not been filed in this Court.
Accordingly, we ORDER Felicia Pitre, Dallas County District Clerk, to file with
this Court within TEN DAYS of the date of this order, a supplemental clerk’s
record in each case containing the certification of the defendant’s right of appeal
for that case.
We DIRECT the Clerk to send copies of this order to the Honorable Nancy
Mulder, Presiding Judge, Criminal District Court No. 6; Felicia Pitre, Dallas
County District Clerk; and to counsel for all parties.
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 Court finds it appropriate to do so.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE