Douglas Stuart Malcolm v. State ( 2018 )

Order entered August 3, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01488-CR
DOUGLAS STUART MALCOLM, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 4
Collin County, Texas
Trial Court Cause No. 004-81103-2017
ORDER
Appellant’s brief was initially due on April 25, 2018. We granted two motions for
extension of time, making the brief due on June 25, 2018. In the second motion, we cautioned
appellant that the failure to file a brief by June 25 might result in the appeal being abated for a
hearing under rule 38.8(b)(3). To date, no brief or motion has been filed, and we have had no
communication from appellant.
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 a copy of this order to the Honorable David Rippel,
Presiding Judge, County Court at Law No. 4; to counsel Thomas Pappas; and to the Collin
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/ LANA MYERS
JUSTICE