Richard Earl Driver, Jr. v. State ( 2014 )

Order entered May 9, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00135-CR
No. 05-14-00136-CR
RICHARD EARL DRIVER, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 199-80014-2013, 199-80032-2013
ORDER
The Court DENIES appellant’s May 5, 2014 second motion to extend time to file his
brief. Although the motion sought an extension to May 5, appellant has not yet tendered his
brief to the Court.
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 appeals, 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.
The 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/ CAROLYN WRIGHT
CHIEF JUSTICE