Montez Antonio Ashby v. the State of Texas

Opinion

Order entered November 30, 2022

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-22-00361-CR

MONTEZ ANTONIO ASHBY, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas

Trial Court Cause No. F20-75720-V

ORDER

Before the Court is appellant’s November 18, 2022 third motion to extend the time to file his brief. We DENY the motion.

We ORDER the trial court to conduct a hearing to determine why appellant’s brief has not been filed. 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 when the findings are received or at such other time as the Court deems appropriate.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE