Rodrick Oneall Taylor v. State ( 2020 )


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  • Order entered January 14, 2020
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-19-00671-CR
    RODRICK ONEALL TAYLOR, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 363rd Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F18-75219-W
    ORDER
    After the Court granted two motions for extension of time, appellant’s brief was due
    November 20, 2019. When it was not filed, we notified appellant by postcard dated November
    22, 2019 and directed him to file a brief and a motion to extend time to file the same. To date,
    no brief or motion has been filed, nor have we had any communication from appellate counsel.
    We ORDER 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 this appeal, whether
    appellant has abandoned the appeal, or whether appointed 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 TWENTY DAYS of the date of this
    order.
    We DIRECT the Clerk to send copies of this order to the Honorable Tracy Holmes,
    Presiding Judge, 363rd Judicial District Court; to J. Daniel Oliphant; and to the Dallas County
    District Attorney’s Office, Appellate Division.
    This appeal is ABATED to allow the trial court to comply with the above order. The
    appeal shall be reinstated twenty days from the date of this order or when the findings are
    received, whichever is earlier.
    /s/    BILL PEDERSEN, III
    JUSTICE
    

Document Info

Docket Number: 05-19-00671-CR

Filed Date: 1/14/2020

Precedential Status: Precedential

Modified Date: 1/16/2020