Opinion
No. 05-14-00821-CR
12-30-2015
TIMOTHY JAMES TAYLOR, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas
Trial Court Cause No. 366-80945-2012
ORDER
The Court DENIES appellant's December 28, 2015 pro se motion to stay the proceedings until his motion to dismiss counsel is heard by the trial court.
By order dated October 21, 2015, this Court struck the Anders brief filed by counsel Pamela Lakatos because the record was incomplete and counsel's brief did not address all aspects of the proceedings. We ORDERED counsel to file, within forty-five days, an amended brief that either raises issues on the merits or complies with the requirements of Anders v. California. To date, counsel has done neither.
Accordingly, we ORDER the trial court to conduct a hearing to determine why appellant's amended brief has not been filed. In this regard, the trial court shall specifically determine:
• Whether Ms. Lakatos should be removed as appellate counsel and new counsel should be appointed. If the trial court determines that new counsel should be appointed, we ORDER the trial court to appoint new counsel to represent appellant on this appeal.
• If the trial court determines that Ms. Lakatos should not be removed, the trial court shall determine her explanation for the delay in filing the amended brief and the date by which the amended brief will be filed.
We ORDER the trial court to transmit a record containing its findings, any supporting documentation, and any orders to this Court within THIRTY DAYS of the date of this order.
We ABATE the appeal to allow the trial court to comply with this order. The appeal will be reinstated thirty days from the date of this order.
/s/ ADA BROWN
JUSTICE