Kyle Landon Turner v. the State of Texas
This text of Kyle Landon Turner v. the State of Texas (Kyle Landon Turner v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order entered June 13, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-21-00922-CR No. 05-21-00924-CR
KYLE LANDON TURNER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause Nos. 18-10991-86-F & 18-90404-86-F
ORDER
Appellant’s brief was initially due on March 30, 2022. We granted two
extensions of time making it due May 31, 2022. To date, however, no brief has
been filed and appellant has not communicated with us regarding these appeals.
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, whether appellant has abandoned the appeals, or whether appointed counsel 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
TWENTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Casey
Blair, Presiding Judge, 86th Judicial District Court; to Mitchell Nolte; and to the
Kaufman County District Attorney’s Office, Appellate Division.
These appeals are ABATED to allow the trial court to comply with the
above order. The appeals shall be reinstated twenty days from the date of this order
or when the findings are received, whichever is earlier.
/s/ LANA MYERS JUSTICE
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