Opinion
05-21-00845-CR
05-11-2022
BILLY BOB BOWEN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F20-54570-N
ORDER
ERIN A. NOWELL JUSTICE.
Appellant's brief was originally due on January 29, 2022. We granted two motions for extensions of time, making the brief due on April 29, 2022. We cautioned appellant further extensions were not favored and that the failure to file a brief by the April 29th deadline might result in the appeal being abated for a hearing. See Tex. R. App. P. 38.8(b)(3). To date, no brief has been filed, and appellant has not communicated further about the 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 TWENTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Hector Garza, Presiding Judge, 195th Judicial District Court; and to counsel for all parties.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated twenty days from the date of this order or when the Court finds it appropriate to do so.