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Hokashi-Mechalith v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 3, 2017
No. 05-16-01520-CR (Tex. App. Nov. 3, 2017)

Opinion

No. 05-16-01520-CR No. 05-16-01521-CR

11-03-2017

QIAN HOKASHI-MECHALITH, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 296th Judicial District Court Collin County, Texas
Trial Court Cause Nos. 296-81904-2016 & 296-81905-2016

ORDER

Appellant's brief in these cases was originally due May 26, 2017. In July 2017, these appeals were abated for a hearing as to why appellant's brief had not been filed. In August, we received the trial court's order appointing new counsel. We directed the Clerk to list new counsel and ordered the brief due by September 22, 2017. The brief was not filed. We then notified appellant by postcard dated October 2, 2017 and directed him to file a brief along with a motion to extend time within ten days. To date, no brief has been filed, and we have had no further communication from appellant.

We therefore 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 these appeals, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeals. 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 John Roach, Jr, Presiding Judge, 296th Judicial District Court; to Stephanie Hudson; and to the Collin County District Attorney's Office.

These appeals are ABATED to allow the trial court to comply with the above order. The appeals 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

Hokashi-Mechalith v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 3, 2017
No. 05-16-01520-CR (Tex. App. Nov. 3, 2017)
Case details for

Hokashi-Mechalith v. State

Case Details

Full title:QIAN HOKASHI-MECHALITH, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 3, 2017

Citations

No. 05-16-01520-CR (Tex. App. Nov. 3, 2017)