Thomas Paul Gilbert v. State

Opinion

Order entered April 11, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-01072-CR

THOMAS PAUL GILBERT, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas

Trial Court Cause No. 219-80015-2018

ORDER

Appellant’s brief was initially due January 27, 2019. Appellant subsequently filed two motions for extensions of time which we granted, making his brief due March 28, 2019. To date, appellant’s brief has not been filed, and appellant has had no communication with the Court regarding the brief or the appeal.

Therefore, 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 this appeal or whether appellant 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 Jennifer Edgeworth, Presiding Judge, 219th Judicial District Court; Mitchell Nolte; and to the Collin County District Attorney.

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