Opinion
No. 05-16-00693-CR
06-14-2017
On Appeal from the 397th Judicial District Court Grayson County, Texas
Trial Court Cause No. 065987
ORDER
On February 3, 2017, we ordered appellant, who is proceeding pro se, to provide the Court with written verification he had paid or made arrangements to pay for the reporter's record. When appellant did not do so, we ordered the appeal submitted without a reporter's record and ordered appellant's brief filed on or before May 1, 2017. We cautioned appellant that the failure to file a brief will result in this case either being (1) abated for a hearing under rule of appellate procedure 38.8(b)(3) or (2) submitted without briefs. See TEX. R. APP. P. 38.8(b)(4). To date, appellant's brief has not been filed and we have had no communication from appellant.
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 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, 708 (Tex. App.-Corpus Christi 1987, no pet.) (per curiam). If appellant has become 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