Opinion
No. 05-17-00289-CR
10-11-2017
LEONARD MORNES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-75949-S
ORDER
After the Court granted two motions to extend time, appellant's brief was due on September 25, 2017. That same day, appellate counsel filed a letter stating he had been unable to file the brief and detailing his "conflicting obligations." Appellate counsel did not, however, request additional time or state when he would have a brief prepared.
Therefore, the Court ORDERS the trial court to conduct a hearing on the status of appellant's brief. 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, and whether appointed counsel has effectively 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.
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 findings are received, whichever is earlier.
/s/ ADA BROWN
JUSTICE