Opinion
05-23-00167-CR
03-28-2024
KEVION R. WILLS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F21-11831-H
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due November 17, 2023. This Court granted appellant's motions for extension of time to file appellant's brief filed by appellant's counsel, Allan Fishburn, on November 20, 2023, December 22, 2023, and January 26, 2024. On January 29, 2024, this Court ordered appellant's brief filed by February 26, 2024. 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 order the court reporter for the hearing to file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
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.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Presiding Judge, Criminal District Court No. 1, Dallas County; Felicia Pitre, Dallas County District Clerk; Sharyl Zeno, Official Court Reporter, Criminal District Court No. 1; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.