Opinion
No. 05-19-00671-CR
01-14-2020
RODRICK ONEALL TAYLOR, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F18-75219-W
ORDER
After the Court granted two motions for extension of time, appellant's brief was due November 20, 2019. When it was not filed, we notified appellant by postcard dated November 22, 2019 and directed him to file a brief and a motion to extend time to file the same. To date, no brief or motion has been filed, nor have we had any communication from appellate counsel.
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 this appeal, whether appellant has abandoned the appeal, or whether appointed 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.
We DIRECT the Clerk to send copies of this order to the Honorable Tracy Holmes, Presiding Judge, 363rd Judicial District Court; to J. Daniel Oliphant; and to the Dallas County District Attorney's Office, Appellate Division.
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.
/s/ BILL PEDERSEN, III
JUSTICE