Opinion
No. 05-19-00851-CR
06-03-2020
DESMOND RENARD FISHER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause No. F19-00024-Y
ORDER
Appellant's brief was due May 4, 2020. When it was not filed, we notified appellant by postcard dated May 6, 2020, and directed him to file his brief within ten days. We cautioned appellant that the failure to do so could result in the Court abating the appeal for a hearing. To date, no brief has been filed nor have we had any communication from appellant.
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 Chika Anyiam, Presiding Judge, Criminal District Court No. 7; to Valencia Bush; and to the Dallas County District Attorney's Office.
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/ CORY L. CARLYLE
JUSTICE