Joshua William Sutherby v. State

Order entered December 4, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00268-CR
JOSHUA WILLIAM SUTHERBY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-83201-2016
ORDER
After we granted three extensions of time, appellant’s brief was due October 22, 2018. In
the final order, we cautioned appellant that the failure to file a brief by the deadline would result
in the appeal being abated for a hearing. To date, no brief has been filed and we have had no
communication from appellant about the brief or 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 Mark Rusch,
Presiding Judge, 401st Judicial District Court; Lara Bracamonte Davila; and to the Collin 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/ LANA MYERS
JUSTICE