Opinion
05-22-00848-CR 05-22-00849-CR
02-23-2023
LADARLY JEWAYNE FISHER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F21-55489-S, F21-55488-S
ORDER
DENNISE GARCIA, JUSTICE.
We REINSTATE this appeal.
Appellant's brief is overdue. The brief was due October 19, 2022. We notified appellant's counsel on October 21, 2022, by postcard that the brief was overdue and directed counsel to file within ten days both appellant's brief and an extension motion. We cautioned counsel that if the brief and an extension motion were not filed, we would order the trial court to conduct a hearing. When appellant's brief was not filed December 13, 2022, we ordered the trial court to conduct a hearing to determine why appellant's brief has not been filed. We ordered the trial court to transmit written findings and recommendations to this Court by January 12, 2023. As of the date of this order, appellant's counsel has not filed appellant's brief, and the trial court has not filed its findings and recommendations concerning why appellant's brief has not been filed. Review of the Dallas County District Clerk's website indicates the trial court might not have received the December 13, 2022 order.
Accordingly, we ORDER the Honorable Amber Givens, Presiding Judge, 282nd Judicial District 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.
We DIRECT the Clerk to send copies of this order to the Honorable Amber Givens, Presiding Judge, 282nd Judicial District Court; and to counsel for all parties.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the findings are received or at such other time as the Court deems appropriate.