Berry Ray Williams v. State

Opinion

Order entered June 6, 2018

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-17-01416-CR

No. 05-17-01417-CR

BERRY RAY WILLIAMS, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 86th Judicial District Court Kaufman County, Texas

Trial Court Cause Nos. 16-60034-86-F, 17-00260-86-F

ORDER

By order entered on March 21, 2018, the Court granted appellant’s second motion to

extend the time to file his brief. The Court’s order extended the due date for appellant’s brief to April 20, 2018. On April 25, 2018, the Clerk transmitted a notice to appellant informing him that the time for filing his brief had expired and directing him to file, within ten days, both the brief and an extension motion. To date, appellant has not responded to the Clerk’s notice, and he has not filed a brief.

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 appeals, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeals. 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.

These appeals are ABATED to allow the trial court to comply with the above order. The appeals shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.

/s/ CRAIG STODDART

JUSTICE