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Givens v. State

Court of Appeals Fifth District of Texas at Dallas
Jul 31, 2019
No. 05-19-00377-CR (Tex. App. Jul. 31, 2019)

Opinion

No. 05-19-00377-CR

07-31-2019

LARRY GIVENS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F18-75340-H

ORDER

Appellant's brief was due June 16, 2019. When it was not filed, we notified appellant by postcard dated June 19, 2019, and directed him to file his brief along with a proper motion to extend time by June 26, 2019. We cautioned appellant that the failure to do so would result in the appeal being abated for a hearing under rule 38.8(b)(3). See TEX. R. APP. P. 38.8(b)(3). To date, no brief has been filed, and we have had no communication regarding this appeal.

Therefore, 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 Tina Yoo Clinton, Presiding Judge, Criminal District Court No. 1; to Valencia Bush.; and to the Dallas County District Attorney's Office.

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


Summaries of

Givens v. State

Court of Appeals Fifth District of Texas at Dallas
Jul 31, 2019
No. 05-19-00377-CR (Tex. App. Jul. 31, 2019)
Case details for

Givens v. State

Case Details

Full title:LARRY GIVENS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 31, 2019

Citations

No. 05-19-00377-CR (Tex. App. Jul. 31, 2019)