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Sheppard v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 9, 2022
No. 05-22-00345-CR (Tex. App. Nov. 9, 2022)

Opinion

05-22-00345-CR

11-09-2022

DEMEATRICE RENEE SHEPPARD, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 071988

ORDER

DENNISE GARCIA, JUSTICE

Before the Court is appellant's November 7, 2022 amended third motion for extension of time to file appellant's brief. We DENY the motion.

We ORDER the trial court to conduct a hearing to determine why appellant's brief has not been filed. 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 appeals shall be reinstated when the findings are received or at such other time as the Court deems appropriate.


Summaries of

Sheppard v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 9, 2022
No. 05-22-00345-CR (Tex. App. Nov. 9, 2022)
Case details for

Sheppard v. State

Case Details

Full title:DEMEATRICE RENEE SHEPPARD, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 9, 2022

Citations

No. 05-22-00345-CR (Tex. App. Nov. 9, 2022)