Opinion
05-23-00026-CR
08-21-2023
DONNY RAY GETER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F21-75021-S
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due May 11, 2023. On May 16, 2023, the Court notified appellant's counsel, John Daniel Oliphant, that appellant's brief was overdue and directed counsel to file appellant's brief within ten days. On June 8, 2023, this Court ordered Mr. Oliphant to file appellant's brief on or before June 27, 2023, and we cautioned Mr. Oliphant that if the brief were not filed by that date the appeal would be abated for the trial court to make findings in accordance with Rule of Appellate Procedure 38.8. See TEX. R. APP. P. 38.8(b)(2). As of the date of this order, appellant's brief has not been filed.
Accordingly, 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 appeal, whether appellant is indigent, or if not indigent, whether retained counsel 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 Amber Givens, Presiding Judge, 282nd Judicial District Court; and counsel for all parties.
This appeal is ABATED for the trial court to comply with this order. The appeal will be reinstated when the Court receives the trial court's findings and recommendations or at such other time as the Court deems appropriate.