Order entered August 2, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01415-CR
RUBEN ALEJANDRO GARCIA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court of Appeals No. 2
Dallas County, Texas
Trial Court Cause No. MB14-63674-M
ORDER
On March 23, 2017, we ordered appellate counsel Rosalind Kelly to provide written
verification that she had contacted court reporter Holly Swinford, requested the reporter’s record,
and either paid for or made arrangements to pay for the reporter’s record. We cautioned Ms.
Kelly that the failure to do so would result in the appeal being submitted without a reporter’s
record. When Ms. Kelly did not respond or otherwise communicate with the Court, we ordered
the appeal submitted without a reporter’s record and appellant’s brief due on May 26, 2017.
By postcard dated May 30, 2017, we notified Ms. Kelly that the brief was past due and
directed her to file appellant’s brief and an extension motion within ten days. To date, the brief
has not been filed, and we have had no communication from Ms. Kelly.
We therefore 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. Once the findings and recommendations have been filed, the Court will take whatever
action it deems appropriate to ensure appellant’s rights are protected, which may include
initiating contempt proceedings against counsel or filing a grievance and referring this matter to
the State Bar of Texas Commission for Lawyer Discipline for further proceedings.
We DIRECT the Clerk to send copies of this order to the Honorable Jeffrey Rosenfield,
Presiding Judge, County Criminal Court of Appeal No. 2; to Rosalind Kelly; 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 thirty days from the date of this order or when the findings are
received, whichever is earlier.
/s/ ADA BROWN
JUSTICE