Davis, Eric Jermond v. State ( 2013 )

Order entered April 24, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01323-CR
No. 05-12-01349-CR
ERIC JERMOND DAVIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F11-71411-W, F11-59063-W
ORDER
The Court REINSTATES the appeals.
On January 15, 2013, we ordered the trial court to make findings regarding why
appellant’s brief has not been filed in these appeals. The findings were due within thirty days of
the date of the order. To date, however, we have not received, the findings, appellant’s brief, or
a response to either of two letters inquiring about the status of the findings. The appeals cannot
proceed until the issue of appellant’s brief is resolved.
Accordingly, we ORDER the Honorable Tracy Holmes, Presiding Judge of the 363rd
Judicial District Court, to conduct a hearing to determine why appellant’s brief has not been
filed. In this regard, the Honorable Tracy Holmes 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 Honorable Tracy Holmes cannot obtain appellant’s presence at
the hearing, the Honorable Tracy Holmes 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 Honorable Tracy Holmes is ORDERED to take such measures as may
be necessary to assure effective representation, which may include appointment of new counsel.
We ORDER the Honorable Tracy Holmes to transmit a record of the proceedings, which
shall include written findings and recommendations, to this Court within TWENTY-ONE
DAYS of the date of this order.
The appeals are ABATED to allow the Honorable Tracy Holmes to comply with the
above order. The appeals shall be reinstated twenty-one days from the date of this order or when
the findings are received, whichever is earlier.
/s/ DAVID EVANS
JUSTICE