Order entered October /D , 2012
In The
Court of appeato
liftb Miotritt of Texacs at
No. 05-12-00904-CR
ANDRES HERRERA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F08-11091-R
ORDER
Appellant's brief is overdue. Accordingly, 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 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.
The 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.
LANA MY RS
JUSTICE