Shellyv.State

Court of Appeals Fifth District of Texas at DallasJul 10, 2019
No. 05-19-00053-CR (Tex. App. Jul. 10, 2019)

No. 05-19-00053-CR No. 05-19-00054-CR

07-10-2019

JIMMY EARL SHELLY, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F18-75945-S & F18-75497-S

ORDER

Before the Court is appellant's July 9, 2019 third motion to extend the time to file appellant's brief. Appellant's motion is DENIED.

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 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.

This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the findings are received or at such other time as the Court deems appropriate.

/s/ LANA MYERS


JUSTICE