Elvin Lynn Jones v. State ( 2016 )

Order entered October 20, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00731-CR
No. 05-16-00778-CR
ELVIN LYNN JONES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 199-82708-2012 & 199-82147-2013
ORDER
Appellant’s brief was due September 21, 2016. By postcard dated September 22, 2016,
we instructed appellant to file his brief and a motion to extend time within ten days. We
cautioned appellant that the failure to file a brief and motion within ten days would result in the
Court ordering the trial court to conduct a hearing. To date, no brief or motion has been filed.
Therefore, 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.
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/ ADA BROWN
JUSTICE