Opinion
05-21-00140-CR
08-05-2021
EX PARTE MICHAEL SCHAEFER SIKES
On Appeal from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 02-20-0153.
ORDER
LANA MYERS, JUSTICE.
On January 25, 2021, appellant filed a notice of appeal of the trial court's denial of his request for bail pending appeal. The clerk's record was filed March 5, 2021, and the reporter's record was filed March 30, 2021. Appellant's brief was due April 12, 2021. See TEX. R. APP. P. 31.1(b). To date, no brief has been filed in this accelerated appeal, nor have we had any communication from appellant regarding this appeal.
Accordingly, the Court ORDERS the trial court to hold a hearing to determine the status of this appeal. Specifically, the trial court shall determine whether appellant desires to prosecute this appeal, whether appellant has abandoned the appeal, whether appointed counsel has abandoned the appeal, and why appellant's brief has not been filed. 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 the trial court determines that appellant does not desire to prosecute the appeal, it shall make a finding to that effect.
We ORDER the trial court to transmit a record, containing the written findings of fact, any supporting documentation, and any orders, 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 Brett Hall, Presiding Judge, 382nd Judicial District Court; to Lea Carlson, Rockwall County District Clerk; to Linda Kaiser, Official Court Reporter, 382nd Judicial District Court; and to counsel for all parties.
The appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated when the findings are received or when the Court deems it appropriate to do so.