Ernesto Jennings v. State

Opinion

Order entered September 19, 2016

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-01390-CR

ERNESTO JENNINGS, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 363rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F11-31021-W

ORDER

This appeal was previously abated for a hearing to determine why appellant’s brief,

originally due in March 2016, had not been filed. The trial court found, and this Court adopted the finding, that appellant would file his brief by August 15, 2016. To date, no brief has been filed, and appellate counsel has had no communication with the Court.

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 and 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 counsel has abandoned the appeal, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, including 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/ LANA MYERS

JUSTICE