Order entered September 18, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00512-CR
HILARIO SANTIAGO-BATISTA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-82818-2016
ORDER
Appellant’s brief was due August 11, 2017. By postcard dated August 15, 2017, we
notified appellant that the brief was overdue and directed him to file his brief and a motion to
extend time to file the brief within ten days. To date, no brief or motion has been filed, and we
have had no communication from appellant.
Therefore, 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.
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