Joshua William Sutherby v. State

Opinion

Order entered December 4, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00268-CR

JOSHUA WILLIAM SUTHERBY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-83201-2016

ORDER After we granted three extensions of time, appellant’s brief was due October 22, 2018. In

the final order, we cautioned appellant that the failure to file a brief by the deadline would result

in the appeal being abated for a hearing. To date, no brief has been filed and we have had no

communication from appellant about the brief or 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 Mark Rusch,

Presiding Judge, 401st Judicial District Court; Lara Bracamonte Davila; and to the Collin 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/ LANA MYERS JUSTICE