Opinion
No. 05-18-01379-CR
04-11-2019
DAVID WAYNE WELCH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court No. 8 Dallas County, Texas
Trial Court Cause No. MA18-70849-J
ORDER
Appellant's brief was initially due February 6, 2019. When it was not timely filed, we notified appellant by postcard dated March 1, 2019 and instructed him to file his brief along with a motion to extend time by March 11, 2019. To date, appellant's brief has not been filed, and appellant has had no further communication with the Court regarding the brief or the appeal.
Therefore, we ORDER 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 this appeal or whether appellant 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 Carmen P. White, Presiding Judge, County Criminal Court No. 8; Olegario Estrada; and to the Dallas County District Attorney.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
/s/ CORY L. CARLYLE
JUSTICE