History
  • No items yet
midpage
Hilario Santiago-Batista v. State
05-17-00512-CR
Tex. App.
Sep 18, 2017
Check Treatment
Case Information

*1 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 T EX . R. A PP . 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 *2 (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

Case Details

Case Name: Hilario Santiago-Batista v. State
Court Name: Court of Appeals of Texas
Date Published: Sep 18, 2017
Docket Number: 05-17-00512-CR
Court Abbreviation: Tex. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.