Donald Nolan Lehman v. State ( 2020 )

Order entered September 17, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01367-CR
DONALD NOLAN LEHMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F18-76726-Y
ORDER
Appellant’s brief was originally due on June 1, 2020. After the Court
granted two motions for extension of time, it was due on August 3, 2020. To date,
no brief has been filed, and we have had no further communication regarding the
appeal.
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 THIRTY
DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Chika
Anyiam, Presiding Judge, Criminal District Court No. 7; Jeff P. Buchwald; and the
Dallas County District Attorney’s Office, Appellate Division.
We ABATE the appeal 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/ ROBERT D. BURNS, III
CHIEF JUSTICE