Rickey Lecardo McGee v. State

Order entered October 9, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00473-CR
No. 05-18-00474-CR
RICKEY LECARDO MCGEE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause Nos. F16-34511-H & F16-34499-H
ORDER
Although appellant’s brief was initially due July 18, 2018, we granted two extension
motions making the brief due September 17, 2018. To date, no brief has been filed and we have
had no communication from appellant about the brief or the appeals.
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 these appeals or whether
appellant has abandoned the appeals. 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 Robert Burns,
Presiding Judge, Criminal District Court No. 1; April Smith; and to the Dallas County District
Attorney.
These appeals are ABATED to allow the trial court to comply with the above order. The
appeals shall be reinstated thirty days from the date of this order or when the findings are
received, whichever is earlier.
/s/ CRAIG STODDART
JUSTICE