Montez Antonio Ashby v. the State of Texas ( 2022 )

Order entered November 30, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00361-CR
MONTEZ ANTONIO ASHBY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F20-75720-V
ORDER
Before the Court is appellant’s November 18, 2022 third motion to extend
the time to file his brief. We DENY the motion.
We ORDER the trial court to conduct a hearing to determine why
appellant’s brief has not been filed. 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 when the findings are received or at such
other time as the Court deems appropriate.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE