Opinion
No. 05-16-00494-CR
12-07-2016
DEREK A. NELSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-80609-2014
ORDER
Before the Court is appellant's December 5, 2016 third motion to extend the time to file appellant's brief. We DENY the motion.
We ORDER the trial court to conduct a hearing, within thirty days of the date of this order, 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 Lynne Finley, Collin County District Clerk, to file, within forty days of the date of this order, a supplemental clerk's record containing the trial court's written findings and recommendations.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Chris Oldner, Presiding Judge of the 416th Judicial District Court, Ms. Finley, and all parties.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated forty days from the date of this order or when the findings are received, whichever is earlier.
/s/ LANA MYERS
JUSTICE