Brandon Alexander Blacknall v. State ( 2015 )


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  • Order entered October 5, 2015
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-15-00412-CR
    BRANDON ALEXANDER BLACKNALL, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 291st Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F10-23902-U
    ORDER
    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 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/    ADA BROWN
    JUSTICE
    

Document Info

Docket Number: 05-15-00412-CR

Filed Date: 10/5/2015

Precedential Status: Precedential

Modified Date: 9/30/2016