David Odemwingie v. State

• Court: Court of Appeals of Texas
• Decided: May 16, 2019
• Docket: 05-18-01491-CR
• Status: Published

Opinion

Order entered May 16, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01491-CR

DAVID ODEMWINGIE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F07-01267-Q

ORDER Appellant’s brief was due April 10, 2019. When it was not timely filed, we notified

appellant by postcard dated April 12, 2019 and instructed him to file his brief and a motion to

extend time to file the same by April 22, 2019. To date, no brief or motion has been filed, and

we have had no communication from appellant regarding the 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 or whether

appellant 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.

We DIRECT the Clerk to send copies of this order to the Honorable Tammy Kemp,

Presiding Judge, 204th Judicial District Court; Russ Henrichs; and to the Dallas County District

Attorney.

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/ BILL PEDERSEN, III JUSTICE