Keithion Dywane Derrick v. State ( 2020 )

Order entered March 2, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00477-CR
KEITHION DYWANE DERRICK, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-1525060-P
ORDER
Appellant’s brief is over thirty days past due. 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, whether appellant has
abandoned the appeal, or whether appointed 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
TWENTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Raquel
Jones, Presiding Judge, 203rd Judicial District Court; to April Smith; and to the
Dallas County District Attorney’s Office.
This appeal is ABATED to allow the trial court to comply with the above
order. The appeal shall be reinstated twenty days from the date of this order or
when the findings are received, whichever is earlier.
/s/ LANA MYERS
JUSTICE