Jon Matthew Woodland v. State

Order entered July 22, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00174-CR
JON MATTHEW WOODLAND, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-81351-2018
ORDER
Appellant’s brief was due on June 7, 2019. When it was not filed, we notified appellant
by postcard dated June 11, 2019, and directed him to a brief along with a motion to extend time
to file the same by June 21, 2019. To date, no brief has been filed, and we have had no
communication from appellate counsel.
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, 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 Jennifer Edgeworth,
Presiding Judge, 219th Judicial District Court; to Stephanie Hudson.; and to the Collin County
District Attorney’s Office.
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