Opinion
No. 05-16-00610-CR No. 05-16-00611-CR
04-11-2017
JITENDER SINGH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court Collin County, Texas
Trial Court Cause Nos. 219-81690-2014 & 219-82997-2014
ORDER
Appellant's brief was initially due November 6, 2016. The Court has granted several motions to extend time to file the brief. On April 5, 2017, we granted appellant an extension of four days as requested in his April 3, 2017 motion. We cautioned appellant that if the brief was not filed by 5:00 p.m. on April 7, we would abate these appeals for a hearing. The Court now has before it appellant's April 7, 2017 fifth motion to extend time to file his brief in which he asks for a forty-five day extension. We DENY the motion.
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 TWENTY 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 twenty days from the date of this order or when the findings are received, whichever is earlier.
We DIRECT the Clerk to send a copy of this order to the Honorable Scott Becker, Presiding Judge, 219th Judicial District Court and counsel for all parties.
/s/ LANA MYERS
JUSTICE