David Odemwingie v. State ( 2019 )

Order entered May 16, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01491-CR
DAVID ODEMWINGIE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F07-01267-Q
ORDER
Appellant’s brief was due April 10, 2019. When it was not timely filed, we notified
appellant by postcard dated April 12, 2019 and instructed him to file his brief and a motion to
extend time to file the same by April 22, 2019. To date, no brief or motion has been filed, and
we have had no communication from appellant regarding the appeal.
Therefore, 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 or whether
appellant 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.
We DIRECT the Clerk to send copies of this order to the Honorable Tammy Kemp,
Presiding Judge, 204th Judicial District Court; Russ Henrichs; and to the Dallas County District
Attorney.
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/ BILL PEDERSEN, III
JUSTICE