Opinion
No. 05-16-00846-CR No. 05-16-01160-CR
06-23-2017
On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause No. F15-23625-Y
ORDER
By order dated April 6, 2017, we granted the motion of Douglas Allen Machutta for coinciding briefing extensions in these appeals (Machutta is the appellant in cause number 05-16-00846-CR and appellee in cause number 05-16-01160-CR) and ordered the briefs filed May 2, 2017. That day, Machutta filed a motion for extension of time which we granted, making appellant's brief in cause number 05-16-00846-CR due by May 23, 2017. To date, the brief has not been filed, and we have had no further communication from Machutta.
We therefore ORDER the trial court to conduct a hearing to determine why appellant's brief has not been filed in cause number 05-16-00846-CR. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal, whether appellant is indigent, or if not indigent, whether retained 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.
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