Antwon Carter v. State

Opinion

Order entered November 25, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-14-00822-CR

ANTWON CARTER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas

Trial Court Cause No. 296-81511-2013

ORDER

On September 1, 2015, we ordered that Stephanie Hudson be removed as appellant’s

attorney and that the trial court appoint new counsel to represent appellant on this appeal. On September 2, 2015, we received the trial court’s order appointing Pamela Lakatos as appellant’s new attorney and on September 4, 2015, we ordered counsel to file appellant’s brief within sixty days. To date, however, Ms. Lakatos has neither filed appellant’s brief nor communicated with the Court regarding the status of the brief.

Accordingly, 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 thirty days from the date of this order or when the findings are received, whichever is earlier.

/s/ ADA BROWN

JUSTICE