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Nelson v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 31, 2024
No. 05-24-00052-CR (Tex. App. Jul. 31, 2024)

Opinion

05-24-00052-CR

07-31-2024

BYRON NELSON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-55497

ORDER

ROBERT D. BURNS, III CHIEF JUSTICE

Appellant's brief is overdue. Appellant's brief was originally due May 27, 2024. On May 29, 2024, this Court notified appellant's counsel, Daniel Oliphant, that the brief was overdue and directed him to file appellant's brief and a motion for extension of time to file the brief within ten days. On June 28, 2024, this Court ordered Mr. Oliphant to file appellant's brief and a motion for extension of time to file the brief by July 12, 2024.

As of the date of this order, neither appellant's brief nor a motion for extension of time to file the brief have been filed.

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 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.

This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the trial court's findings are received or at such other time as the Court deems appropriate.

We DIRECT the Clerk to send copies of this order to the Honorable Brandon Birmingham, 292nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.


Summaries of

Nelson v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 31, 2024
No. 05-24-00052-CR (Tex. App. Jul. 31, 2024)
Case details for

Nelson v. State

Case Details

Full title:BYRON NELSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 31, 2024

Citations

No. 05-24-00052-CR (Tex. App. Jul. 31, 2024)