Order entered January 15, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00787-CR
ARMANDO OVIEDO NINO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F13-55053-S
ORDER
Appellant’s brief is overdue in this appeal. We also note that State’s Exhibit no. 1, a
DVD is an .AXE file that is not viewable on this Court’s equipment.
Accordingly, we ORDER the trial court to make findings regarding the following.
With regard to State’s Exhibit no. 1, the trial court shall determine whether the
DVD exhibit can be converted to MP4 format or another format apart from an
.AXE file. If the trial court finds that that the DVD exhibit can be converted to
MP4 or another format other than an .AXE, the Court shall also make a finding as
to the type of format and the date by which a new copy of State’s Exhibit no. 1
will be filed.
We further ORDER the trial court 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.
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/ LANA MYERS
JUSTICE