Shenequa Licole Barber v. State ( 2013 )

Order entered November 14, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01656-CR
SHENEQUA LICOLE BARBER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-59385-U
ORDER
The Court REINSTATES the appeal.
On August 22, 2013, this Court ordered the trial court to make findings regarding why
appellant’s brief has not been filed. The findings were due within thirty days. The Court has not
received the trial court’s findings, nor has either party communicated with the Court regarding
the status of the findings. Moreover, while the appeal was abated, the judge of the 291st Judicial
District Court resigned her seat and a new judge has been appointed to the trial court. The
appeal cannot proceed until the issue of appellant’s brief is resolved.
Accordingly, 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 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, by electronic transmission, to the
Honorable Jennifer Balido, Presiding Judge, 291st Judicial District Court; J. Daniel Oliphant;
and Michael Casillas.
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/ DAVID EVANS
JUSTICE