Steven Wayne Simmons v. State ( 2018 )

Order entered February 8, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00786-CR
STEVEN WAYNE SIMMONS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 422nd Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 16-90142-422-F
ORDER
Appellant’s brief was initially due November 15, 2017. Appellant filed two motions for
extension of time which the Court granted, making his brief due January 16, 2018. In our
December 19th order, we cautioned appellant that the failure to file a brief might result in the
appeal being abated for a hearing. See TEX. R. APP. P. 38.8(b)(2). To date, no brief has been
filed and we have had no further communication from appellant.
Therefore, the Court ORDERS 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 the appeal, whether
appellant is indigent, or if not indigent, whether retained 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 THIRTY DAYS of the date of this
order.
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/ LANA MYERS
JUSTICE