Jose David Gutierrez v. State ( 2020 )

Order entered January 10, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00560-CR
JOSE DAVID GUTIERREZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F16-23201-H
ORDER
Because appellant has not been declared indigent and no payment of arrangements to pay
for the reporter’s record were made, we ordered this appeal submitted without a reporter’s
record. Appellant’s brief was due October 24, 2019. When it was not filed, we notified
appellant by postcard dated October 28, 2019 and directed him to file a brief and a motion to
extend time to file the same. To date, no brief or motion has been filed, nor have we had any
communication from appellate counsel.
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 Tina Yoo Clinton,
Presiding Judge, Criminal District Court No. 1; to Jeffrey King; and to the Dallas County District
Attorney’s Office, Appellate Division.
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/ BILL PEDERSEN, III
JUSTICE