Ronald Karl Sherman Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 9, 2023
• Docket: 05-22-00483-CR
• Status: Published

Opinion

Order entered January 9, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00483-CR

RONALD KARL SHERMAN JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court No. 10 Dallas County, Texas Trial Court Cause No. M1970682

ORDER

Appellant’s brief is overdue. The brief was due September 30, 2022. We

notified appellant’s counsel on October 5, 2022, by postcard that the brief was

overdue and directed counsel to file within ten days both appellant’s brief and an

extension motion. We cautioned counsel that if the brief and an extension motion

were not filed, we would order the trial court to conduct a hearing. On October 17,

2022, appellant filed a motion for extension of time to file the brief, and on

October 20, 2022, we ordered appellant to file the brief by November 17, 2022. On November 28, 2022, appellant filed a second motion for extension of time to

file the brief. On November 30, 2022, we ordered appellant to file the brief by

December 19, 2022. We cautioned appellant that if he failed to file the brief by

December 19, 2022, this Court might abate the appeal for a hearing in the trial

court to determine why the brief has not been filed. As of the date of this order,

neither the brief nor a further motion for extension has been filed.

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 has abandoned the appeal, or

whether appointed 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. We DIRECT the Clerk to send copies of this order to the Honorable Etta

Mullin, Presiding Judge, County Criminal Court No. 10, Dallas County; and to

counsel for all parties.

This appeal is ABATED to allow the trial court to comply with the above

order. This appeal shall be reinstated when the record transmitted by the trial court

is received or at such other time as the Court deems proper.

/s/ ERIN A. NOWELL JUSTICE