Steven Wayne Simmons v. State

• Court: Texas Supreme Court
• Decided: March 27, 2018
• Docket: 05-17-00786-CR
• Status: Published

Opinion

Order entered February 8, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00786-CR

STEVEN WAYNE SIMMONS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 16-90142-422-F

ORDER Appellant’s brief was initially due November 15, 2017. Appellant filed two motions for

extension of time which the Court granted, making his brief due January 16, 2018. In our

December 19th order, we cautioned appellant that the failure to file a brief might result in the

appeal being abated for a hearing. See TEX. R. APP. P. 38.8(b)(2). To date, no brief has been

filed and we have had no further communication from appellant.

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