Jon Matthew Woodland v. State

Opinion

Order entered July 22, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00174-CR

JON MATTHEW WOODLAND, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-81351-2018

ORDER Appellant’s brief was due on June 7, 2019. When it was not filed, we notified appellant

by postcard dated June 11, 2019, and directed him to a brief along with a motion to extend time

to file the same by June 21, 2019. To date, no brief has been filed, and we have had no

communication from appellate counsel.

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, whether

appellant has abandoned the appeal, or whether appointed 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 TWENTY DAYS of the date of this

order.

We DIRECT the Clerk to send copies of this order to the Honorable Jennifer Edgeworth,

Presiding Judge, 219th Judicial District Court; to Stephanie Hudson.; and to the Collin County

District Attorney’s Office.

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