Opinion
05-23-00371-CR 05-23-00372-CR
10-20-2023
LARRY B. JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F09-00661-H, F09-00662-H
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. It appears appellant is not represented by counsel on appeal.
We ORDER the trial court to hold a hearing on the record and make findings whether appellant is represented by counsel on appeal, and whether he is indigent. If appellant is not represented by counsel on appeal and is indigent, then the trial court shall find whether appellant is entitled to appointed counsel on appeal. If appellant is not represented by counsel on appeal and is entitled to appointed counsel, then the trial court shall appoint counsel for appellant on appeal and shall notify this Court of the identity of appellant's counsel. If appellant is not entitled to appointed counsel, then the trial court shall determine whether appellant is represented by counsel on appeal. If appellant is represented by counsel, then the trial court shall make a finding of the identity of appellant's counsel and the date counsel expects to file the brief.
The trial court shall transmit a copy of the findings and any orders required by this order to this Court within THIRTY DAYS of the date of this appeal. The court reporter shall file a reporter's record of the hearing required by this order within THIRTY DAYS of the date of this order.
We ABATE these appeals for the trial court to comply with this order. The appeals shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Presiding Judge, Criminal District Court No. 1, Dallas County; Sharyl Zeno, Official Court Reporter, Criminal District Court No. 1; Felicia Pitre, Dallas County District Clerk; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.
We further DIRECT the Clerk to send a copy of this order by first class mail to appellant Larry B. Johnson, No. 01594379, Gib Lewis Unit, 777 FM 3497, Woodville, TX 75990.