Clezel Montague Mughni v. State ( 2015 )

Order entered December 4, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00560-CR
CLEZEL MONTAGUE MUGHNI, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. F14-75905-J
ORDER
Appellant’s December 1, 2015 second motion for extension of time to file appellant’s
brief is DENIED.
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 thirty days from the date of this order or when the findings are
received, whichever is earlier.
/s/ LANA MYERS
JUSTICE