Opinion
04-22-00372-CR
12-16-2022
Miguel Angel MEZA, Appellant v. The STATE of Texas, Appellee
From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2021CRC000830-D1 Honorable Jose A. Lopez, Judge Presiding
ORDER
Patricia O. Alvarez, Justice.
On December 2, 2022, we ordered Appellant Miguel Angel Meza's counsel to file a brief by December 12, 2022, or we would abate this appeal for an abandonment hearing. We have received no response to the order and no opening brief. We now "abate the appeal to the trial court for a hearing to determine 'whether the appellant desires to prosecute his appeal, whether the appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal....'" State v. Garza, 88 S.W.3d 353, 354 (Tex. App.-San Antonio 2002, no pet.) (quoting Tex.R.App.P. 38.8(b)(2)); Wefer v. State, No. 07-01-0429-CR, 2002 WL 31663560, at *1 (Tex. App.-Amarillo Nov. 26, 2002, no pet.). We order the trial court "to make appropriate findings and recommendations." Tex.R.App.P. 38.8(b)(2); Schindley v. State, No. PD-0437-09, 2009 WL 1272561, at *1 (Tex. Crim. App. May 6, 2009); Herren v. State, No. 10-04-00275-CR, 2005 WL 1801687, at *1 (Tex. App.-Waco July 20, 2005, no pet.). A reporter's record and signed order from the hearing are due to be filed with this court sixty days from the date of this order. Tex.R.App.P. 38.8(b)(2), (3); Herndon v. Tex. Dep't of Family & Protective Services, No. 03-11-00030-CV, 2011 WL 6352289, at *1 (Tex. App.-Austin Dec. 13, 2011, no pet); Chavez v. State, No. 03-11-00119-CR, 2011 WL 4529632, at *1 (Tex. App.-Austin Sept. 30, 2011, no pet).