Order entered July 31, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00115-CR
MARCO ANTONIO CASTILLO ALVARADO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F16-20876-V
ORDER
Appellant’s brief was initially due May 11, 2019. The Court granted two extension
motions, making the brief due July 10, 2019. In our June 11, 2019 order, we cautioned appellant
that the failure to file his brief by July 10th might result in the appeal being abated for a hearing
under rule 38.8(b)(3). See TEX. R. APP. P. 38.8(b)(3). To date, no brief has been filed, and we
have had no communication regarding this 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, whether
appellant has abandoned the appeal, or whether appointed 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 TWENTY DAYS of the date of this
order.
We DIRECT the Clerk to send copies of this order to the Honorable Brandon
Birmingham, Presiding Judge, 292nd Judicial District Court; to Lawrence Mitchell.; and to the
Dallas County District Attorney’s Office.
This appeal is ABATED to allow the trial court to comply with the above order. The
appeal shall be reinstated twenty days from the date of this order or when the findings are
received, whichever is earlier.
/s/ CORY L. CARLYLE
JUSTICE