Christopher Rogers v. State ( 2018 )

Order entered July 31, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00250-CR
No. 05-18-00251-CR
CHRISTOPHER ROGERS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F17-34648-Q & F16-55015-Q
ORDER
Appellant’s brief was due June 13, 2018. When it was not filed, we notified appellant by
postcard dated June 15, 2018, and instructed him to file his brief and a motion to extend time to
file the brief by June 25, 2018. 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 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 a copy of this order to the Honorable Tammy Kemp,
Presiding Judge, 204th Judicial District Court; to counsel John Tatum; and to the Dallas 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