Angela Lynn Serna v. State ( 2019 )

Order entered April 11, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00512-CR
ANGELA LYNN SERNA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-82217-2017
ORDER
Appellant’s brief was initially due December 2, 2018. When it was not timely filed, we
notified appellant by postcard dated December 6, 2018 and instructed him to file his brief along
with a motion to extend time by December 16, 2018. Appellant subsequently filed three motions
for extensions of time which we granted, making his brief due March 8, 2019. To date,
appellant’s brief has not been filed, and appellant has had no further communication with the
Court regarding the brief or the 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 or whether
appellant 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.
We DIRECT the Clerk to send copies of this order to the Honorable John Roach, Jr.,
Presiding Judge, 296th Judicial District Court; Kristin Brown; and to the Collin County District
Attorney.
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/ BILL PEDERSEN, III
JUSTICE