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Barrett v. State

Court of Appeals Fifth District of Texas at Dallas
Mar 30, 2021
No. 05-20-00952-CR (Tex. App. Mar. 30, 2021)

Opinion

No. 05-20-00952-CR

03-30-2021

KADARIUS DEMOND BARRETT, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-00170-S

ORDER

After the Court granted an extension of time, appellant's brief was due on February 28, 2021. When it was not filed, we notified appellant by postcard date March 3, 2021 and directed him to file his brief and a motion to extend time by March 15, 2021. To date, no brief or motion has been filed, and we have had no other communication regarding this appeal.

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, whether appellant has abandoned the appeal, or whether appointed 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 DIRECT the Clerk to send copies of this order to the Honorable Amber Givens, Presiding Judge, 282nd Judicial District Court; to J. Daniel Oliphant; and to the Dallas County District Attorney's Office, Appellate Division.

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 Court finds it appropriate to do so.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE


Summaries of

Barrett v. State

Court of Appeals Fifth District of Texas at Dallas
Mar 30, 2021
No. 05-20-00952-CR (Tex. App. Mar. 30, 2021)
Case details for

Barrett v. State

Case Details

Full title:KADARIUS DEMOND BARRETT, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Mar 30, 2021

Citations

No. 05-20-00952-CR (Tex. App. Mar. 30, 2021)