Billy Kipkorir Chemirmir v. the State of Texas ( 2022 )

Order entered December 14, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00418-CR
BILLY KIPKORIR CHEMIRMIR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-1875401-P
ORDER
Appellant’s brief is overdue. The brief was due October 21, 2022. We
notified appellant’s counsel on October 26, 2022, by postcard that the brief was
overdue and directed counsel to file within ten days both appellant’s brief and an
extension motion. We cautioned counsel that if the brief and an extension motion
were not filed, we would order the trial court to conduct a hearing. As of the date
of this order, neither the brief nor an extension motion have been filed.
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 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.
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/ ERIN A. NOWELL
JUSTICE