Opinion
05-22-01324-CR
09-15-2023
TAISHA MAYFIELD RILEY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F19-30351-J
ORDER
NANCY KENNEDY JUSTICE
We REINSTATE this appeal.
On June 23, 2023, we abated this appeal for the trial court to make findings regarding appellant's counsel, John Daniel Oliphant Jr., failing to file appellant's brief, which was originally due April 15, 2023. We ordered the trial court to transmit its findings to this Court by July 23, 2023. As of the date of this order, this Court has not received the trial court's findings, and appellant's brief has not been filed.
Accordingly, we ORDER the Honorable Audra Riley to conduct a hearing on the record within FIFTEEN DAYS of the date of this order with Mr. Oliphant and counsel for the State present and 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.
The official court reporter shall file a reporter's record of the hearing required by this order within THIRTY DAYS of the date of this order.
The Clerk is DIRECTED to send copies of this order to the Honorable Audra Riley, Presiding Judge, Criminal District Court No. 3, Dallas County; Kimberly Xavier, Official Court Reporter for Criminal District Court No. 3; appellant's counsel John Daniel Oliphant Jr.; and all other counsel for the parties.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the record and findings are received or at such other time as the Court deems appropriate.