Ernesto Jennings v. State

Order entered September 19, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01390-CR
ERNESTO JENNINGS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-31021-W
ORDER
This appeal was previously abated for a hearing to determine why appellant’s brief,
originally due in March 2016, had not been filed. The trial court found, and this Court adopted
the finding, that appellant would file his brief by August 15, 2016. To date, no brief has been
filed, and appellate counsel has had no communication with the Court.
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 and 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 counsel has abandoned the appeal, the trial court is ORDERED to take such
measures as may be necessary to assure effective representation, including 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/ LANA MYERS
JUSTICE