Jonathan Tyrone McKeller v. State

Opinion

Order entered December 21, 2018

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00663-CR

No. 05-18-00670-CR

JONATHAN TYRONE MCKELLER, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas

Trial Court Cause Nos. 380-81748-2017 & 380-80769-2017

ORDER

Appellant’s brief was initially due October 25, 2018. After we granted an extension, it

was due November 30, 2018. To date, no brief has been filed and we have had no communication from appellant about the brief or the appeals.

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 these appeals or whether appellant has abandoned the appeals. 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 Benjamin Smith, Presiding Judge, 380th Judicial District Court; Kristin Brown; and to the Collin County District Attorney.

These appeals are ABATED to allow the trial court to comply with the above order. The appeals shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.

/s/ LANA MYERS

JUSTICE