Opinion
No. 05-17-00599-CR
01-17-2018
KIERON ALEXANDER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2 Dallas County, Texas
Trial Court Cause No. F15-75823-I
ORDER
Appellant's brief was initially due November 25, 2017. When it was not filed, we notified appellate counsel by postcard dated November 28, 2017, directing counsel to file the brief and a motion for extension of time within ten days. Counsel filed a motion for extension of time on December 11 which we granted the following day, making appellant's brief due December 25, 2017. To date, appellate counsel has not communicated with the Court and no brief has been filed.
Therefore, 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.
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/ ADA BROWN
JUSTICE