Lawrence Richard Parker, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: August 16, 2016
• Docket: 05-16-00260-CR
• Status: Published

Opinion

Order entered August 16, 2016

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00260-CR

LAWRENCE RICHARD PARKER, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-81571-2015

ORDER Appellant’s brief was due July 8, 2016. By postcard dated July 11, 2016, we notified

appellant his brief was past due and instructed him to file his brief along with a motion to extend

time. To date, the Court has not received his brief or a motion to extend time to file the same.

Therefore, 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, whether

appellant is indigent, or if not indigent, 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 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.

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