Jonathan Tyrone McKeller v. State ( 2018 )


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  • Order entered December 21, 2018
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00663-CR
    No. 05-18-00670-CR
    JONATHAN TYRONE MCKELLER, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 380th Judicial District Court
    Collin County, Texas
    Trial Court Cause Nos. 380-81748-2017 & 380-80769-2017
    ORDER
    Appellant’s brief was initially due October 25, 2018. After we granted an extension, it
    was due November 30, 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 Benjamin Smith,
    Presiding Judge, 380th Judicial District Court; Kristin Brown; and to the Collin 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/     LANA MYERS
    JUSTICE
    

Document Info

Docket Number: 05-18-00670-CR

Filed Date: 12/21/2018

Precedential Status: Precedential

Modified Date: 12/24/2018