Adrian Devonta Ellison v. State

Order entered October 5, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00467-CR
No. 05-20-00468-CR
No. 05-20-00469-CR
No. 05-20-00470-CR
No. 05-20-00472-CR
No. 05-20-00473-CR
No. 05-20-00474-CR
No. 05-20-00475-CR
ADRIAN DEVONTA ELLISON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause Nos. F08-33127-L, F08-51957-L, F10-23982-L,
F19-00064-L, F19-40183-L, F19-40182-L, F19-40184-L & F08-11942-L
ORDER
Appellant’s brief was due on August 13, 2020. When it was not filed, we
notified appellant by postcard dated August 17, 2020 and directed him to file the
brief and an extension motion by August 27, 2020. To date, no brief has been filed
and we have had no communication from appellant.
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, whether appellant has abandoned the appeals, or
whether appointed counsel 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 Carter
Thompson, Presiding Judge, Criminal District Court No. 5; to John Daniel
Oliphant Jr.; and to the Dallas County District Attorney’s Office, Appellate
Division.
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/ ROBERT D. BURNS, III
CHIEF JUSTICE