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DeGraffinried v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 2, 2017
No. 05-16-01359-CR (Tex. App. Aug. 2, 2017)

Opinion

No. 05-16-01359-CR

08-02-2017

MAC A. DEGRAFFINRIED, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 86th Judicial District Court Kaufman County, Texas
Trial Court Cause No. 15050738-86-F

ORDER

Appellant's brief was initially due May 5, 2017. We granted two motions to extend time; after granting the second motion, we cautioned appellant that the failure to file his brief by July 17 would result in the appeal being abated for a hearing under rule 38.8. See TEX. R. APP. P. 38.8(b)(2). To date, no brief has been filed and appellant has had no communication with the Court.

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.

We DIRECT the Clerk to send copies of this order to the Honorable Blair Casey, Presiding Judge, 86th Judicial District Court; John Daniel Oliphant, Jr., and the Kaufman County District Attorney Erleigh Wiley.

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


Summaries of

DeGraffinried v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 2, 2017
No. 05-16-01359-CR (Tex. App. Aug. 2, 2017)
Case details for

DeGraffinried v. State

Case Details

Full title:MAC A. DEGRAFFINRIED, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 2, 2017

Citations

No. 05-16-01359-CR (Tex. App. Aug. 2, 2017)