Opinion
No. 05-17-01004-CR No. 05-17-01005-CR
01-18-2018
ANTHONYWAN DESHAWN LACY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F16-14506-Q & F16-14507-Q
ORDER
Appellant's brief was initially due November 12, 2017. The Court granted appellant's motion to extend time, making the brief due December 12, 2017. When a brief was not filed, we sent appellate counsel a postcard, dated December 13, 2017, directing him to file a brief and a motion to extend time to file the same within ten days. To date, no brief has been filed and we have not had any communication from appellate counsel.
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/ LANA MYERS
JUSTICE