Brandon Clyde King v. State

Opinion

Order entered August 7, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01116-CR

BRANDON CLYDE KING, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F17-76511-M

ORDER Before the Court is appellant’s August 6, 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/ BILL PEDERSEN, III JUSTICE

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