David Odemwingie v. State ( 2019 )


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  • Order entered May 16, 2019
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-01491-CR
    DAVID ODEMWINGIE, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 204th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F07-01267-Q
    ORDER
    Appellant’s brief was due April 10, 2019. When it was not timely filed, we notified
    appellant by postcard dated April 12, 2019 and instructed him to file his brief and a motion to
    extend time to file the same by April 22, 2019. To date, no brief or motion has been filed, and
    we have had no communication from appellant regarding the appeal.
    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 or whether
    appellant 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 THIRTY DAYS of the date of this
    order.
    We DIRECT the Clerk to send copies of this order to the Honorable Tammy Kemp,
    Presiding Judge, 204th Judicial District Court; Russ Henrichs; and to the Dallas County District
    Attorney.
    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
    

Document Info

Docket Number: 05-18-01491-CR

Filed Date: 5/16/2019

Precedential Status: Precedential

Modified Date: 5/20/2019