Bedros Nobar Minassian v. State

Order entered December 5, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00936-CR
BEDROS NOBAR MINASSIAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F08-54609-P
ORDER
On September 12, 2013, this Court ordered the trial court to prepare and file a
certification of appellant’s right to appeal that accurately reflects the revocation proceedings. To
date, we have not received the certification, which is required by Texas Rule of Appellate
Procedure 25.2. When we did not receive the certification by October 15, 2013, we ordered the
trial court to prepare one and to file it with the Court. To date the Court has not received the
certification of appellant’s right to appeal which Texas Rule of Appellate Procedure requires the
trial court to prepare. Moreover, appellant’s brief is overdue in this appeal.
Accordingly, the Court ORDERS the Honorable Teresa Hawthorne, presiding judge of
the 203rd Judicial District Court to prepare a certification of appellant’s right to appeal that
accurately reflects the revocation proceedings in this case. See Cortez v. State, 2013 WL
5220904 (Tex. Crim. App. Sept. 18, 2013).
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 is indigent, or if not indigent, whether retained 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.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Honorable Teresa Hawthorne, Presiding Judge, 203rd Judicial District Court, 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 findings are
received, whichever is earlier.
/s/ DAVID EVANS
JUSTICE