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Kropf v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 1, 2017
No. 05-17-00035-CR (Tex. App. Aug. 1, 2017)

Opinion

No. 05-17-00035-CR No. 05-17-00036-CR

08-01-2017

DAVID EDRIC KROPF, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause Nos. 416-81382-2012 & 416-82049-2014

ORDER

The reporter's record was filed May 23, 2017, making appellant's brief due June 22, 2017. When the brief was not filed, we notified appellant by postcard dated June 23, 2017 and directed him to file his brief within ten days along with a motion to extend time to file the brief. To date, the brief has not been filed and we have had no communication from appellant.

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 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.

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

Kropf v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 1, 2017
No. 05-17-00035-CR (Tex. App. Aug. 1, 2017)
Case details for

Kropf v. State

Case Details

Full title:DAVID EDRIC KROPF, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 1, 2017

Citations

No. 05-17-00035-CR (Tex. App. Aug. 1, 2017)