Zantar Ladon Kelly v. State

• Court: Court of Appeals of Texas
• Decided: February 13, 2015
• Docket: 05-14-00639-CR
• Status: Published

Opinion

Order entered February 13, 2015

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00638-CR No. 05-14-00639-CR

ZANTAR LADON KELLY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F13-00158-S, F07-60023-S

ORDER Appellant’s brief was due originally on August 9, 2014. After receiving an extension,

appellant’s counsel withdrew from representation. New counsel was appointed on December 4,

2014 and the due date for appellant’s brief was extended to January 7, 2015. Subsequently, the

Court granted appellant another extension of time to February 6, 2015. Appellant failed to file

his brief and has requested another extension.

Appellant’s February 11, 2015 motion to extend the time to file appellant’s brief is

DENIED.

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 the appeal, whether

appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeals. 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.

These appeals are ABATED to allow the trial court to comply with the above order. The

appeals shall be reinstated thirty days from the date of this order or when the findings are

received, whichever is earlier.

/s/ LANA MYERS JUSTICE