Order entered July 15, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00087-CR
EDGAR CORTEZ CARDENAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F19-76997-S
ORDER
Appellant’s brief was originally due on April 27, 2022; we granted an
extension of time, making the brief due on May 28, 2022. When the brief was not
filed, we notified appellant by postcard dated June 1, 2022 and directed him to file
his brief along with a motion to extend time by June 11, 2022. To date, no brief has
been filed, and appellant has not communicated further about the appeal.
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 Amber
Givens, Presiding Judge, 282nd 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 twenty days from the date of this order or
when the Court finds it appropriate to do so.
/s/ BILL PEDERSEN, III
JUSTICE