Charlie Jesus Vicente v. State

Order entered July 31, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00103-CR
CHARLIE JESUS VICENTE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. F17-45411-J
ORDER
Appellant’s brief was initially due May 15, 2019. We notified appellant by postcard
dated May 17, 2019 and directed him to file his brief and an extension motion by May 27, 2019.
The following day, appellant filed an extension motion which the Court granted, making the
brief due July 12, 2019. 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 Gracie Lewis,
Presiding Judge, Criminal District Court No. 3; to Jeff P. Buchwald.; 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/ BILL PEDERSEN, III
JUSTICE