Michael Ardis v. the State of Texas

Order entered March 14, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00875-CR
MICHAEL ARDIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F21-10832-R
ORDER
When appellant’s brief, originally due on December 23, 2021, was not filed,
we notified him by postcard and directed him to file his brief within ten days. On
January 11, 2022, appellant filed an extension motion which we granted making
his brief due on February 25, 2022. To date, no brief has been filed and we have
had no communication from appellant regarding this appeal.
We ORDER the trial court to conduct a hearing to determine why
appellant’s brief has not been filed. 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 Bennett, Presiding Judge, 265th Judicial District Court; to Lamonica
Littles, court coordinator, 265th Judicial District Court; to Christina O’Neil, Chief
Judicial Staff Counsel; and to counsel for all parties.
This appeal is ABATED to allow the trial court to comply with the above
order. The appeal shall be reinstated twenty days from the date of this order or
when the Court finds it appropriate to do so.
/s/ ERIN A. NOWELL
JUSTICE