Opinion
05-23-01011-CR
05-09-2024
DEREK WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F12-30886-H
ORDER
NANCY KENNEDY JUSTICE
Appellant's brief is overdue. On January 30, 2024, this Court granted appellant's motion for extension of time to file the brief and ordered appellant's brief filed by February 28, 2024. When appellant's brief was not filed by March 12, 2024, this Court ordered appellant's attorney, Danny Oliphant, to file appellant's brief and a motion for extension of time to file the brief by April 12, 2024. We cautioned Mr. Oliphant that if appellant's brief was not filed by that date the Court might abate the appeal for the trial court to make findings pursuant to Rule of Appellate Procedure 38.8(b). As of the date of this order, neither appellant's brief nor another motion for extension of time to file the brief have been filed, and Mr. Oliphant has not communicated with this Court concerning this appeal since January 29, 2024.
Accordingly, the Court ORDERS the trial court to conduct a hearing on the record 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 THIRTY DAYS of the date of this order.
We ORDER the court reporter to file a reporter's record of the hearing required by this order within THIRTY DAYS of the date of this order.
These appeals are ABATED to allow the trial court to comply with the above order. The appeals shall be reinstated when the trial court's findings are received or at such other time as the Court deems proper.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Presiding Judge, Criminal District Court No. 1, Dallas County; Felicia Pitre, Dallas County District Clerk; Sharyl Zeno, Official Court Reporter, Criminal District Court No. 1; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.