Aaron Ledell Celestine v. the State of Texas ( 2022 )

Order entered December 16, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00249-CR
AARON LEDELL CELESTINE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F22-00005-I
ORDER
Appellant’s brief is overdue. The brief was originally due August 10, 2022.
We subsequently granted appellant three extensions of time to file the brief, on
August 11, 2022, September 16, 2022, and October 19, 2022. Following the third
extension on October 19, 2022, appellant’s brief was due November 10, 2022. We
cautioned counsel that if the brief were not filed by November 10, 2022, we would
abate the case for the trial court to hold a hearing and determine why the brief has
not been filed. As of the date of this order, appellant’s brief has not been filed.
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 appeals, whether appellant is indigent, or if not indigent,
whether retained counsel has abandoned the appeals. 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.
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/ ERIN A. NOWELL
JUSTICE