Sergio Manuel Nava, Jr. v. State

Summary

The Fifth District Court of Appeals in Dallas denied the appellant’s second motion to extend the time to file his brief. The court abated the appeal and ordered the trial court to conduct a hearing regarding prosecution of the appeal, indigency, and potential abandonment by retained counsel, with findings and recommendations due within thirty days.

Holdings

1. The second motion to extend the time to file appellant's brief was denied.
2. Under Texas Rule of Appellate Procedure 38.8(b), the trial court must conduct a hearing to determine why the appellant's brief has not been filed, whether the appellant desires to prosecute the appeal, whether the appellant is indigent, and, if not indigent, whether retained counsel has abandoned the appeal. If the appellant is indigent, the trial court must take measures necessary to assure effective representation, which may include appointing new counsel.

Questions Presented

1. Whether appellant's second motion to extend the time to file his appellate brief should be granted.
2. What procedural measures were required when an appellant's brief had not been filed, including a hearing concerning prosecution of the appeal, indigency, and possible counsel abandonment.

Disposition

remanded