Margarito Manuel Salazar v. State

Order entered May 1, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01062-CR
MARGARITO MANUEL SALAZAR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F18-00001-S
ORDER
After we granted an extension of time, appellant’s brief was due April 15, 2019. To date,
no brief has been filed and we have no further communication from appellant regarding 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 or whether
appellant 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 copies of this order to the Honorable Amber Givens-
Davis, Presiding Judge, 282nd Judicial District Court; April Smith; and to the Dallas 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/ BILL PEDERSEN, III
JUSTICE