Opinion
No. 05-16-00560-CR No. 05-16-00561-CR No. 05-16-00562-CR No. 05-16-00563-CR
06-13-2017
On Appeal from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F08-57650-U , F14-70586-U, F14-70971-U & F14-75674-U
ORDER
Appellant's brief was due March 10, 2017. When it was not filed, we ordered appellant file his brief by April 15, 2017. Appellant then filed a motion seeking to extend time until May 31, 2017. We granted appellant's request and ordered the brief filed by May 31, 2017. We cautioned appellant that the failure to file his brief by May 31 would result in these appeals being abated for a hearing under rule 38.8(b). See Tex. R. App. P. 38.8(b)(2). To date, the brief has not been filed and we have had no communication with appellant.
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/ LANA MYERS
JUSTICE