Opinion
05-22-00332-CR
11-04-2022
RONALD WAYNE MILLER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F-2000318-H
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief was due on September 17, 2022. When it was not filed, we notified appellant by postcard dated September 21, 2022 and directed him to file a brief and an extension motion within ten days. To date, no brief or motion has been filed, and we have had no communication from appellant regarding the appeal.
So that this appeal can proceed, 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 Tina Yoo Clinton, Presiding Judge, Criminal District Court No.1, and to counsel for all parties.
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 Court finds it appropriate to do so.