James Edmond Austin v. State ( 2016 )

Order entered August 11, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00531-CR
JAMES EDMOND AUSTIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-81075-2015
ORDER
Appellant’s brief was due July 1, 2016. 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/ ADA BROWN
JUSTICE