Dennis Francis Wolever v. State

• Court: Court of Appeals of Texas
• Decided: August 16, 2016
• Docket: 05-16-00169-CR
• Status: Published

Opinion

Order entered August 16, 2016

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00169-CR

DENNIS FRANCIS WOLEVER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause No. F-1322426-L

ORDER Appellant’s brief was due July 20, 2016. By postcard dated July 21, 2016, we instructed

appellant to file his brief and a motion to extend time and cautioned him that the failure to do so

would result in this case being abated for a hearing. To date, no brief or motion has been filed.

The Court ORDERS 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