Donnie Ray Jones v. State ( 2020 )

Order entered March 3, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01321-CR
No. 05-19-01563-CR
DONNIE RAY JONES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F17-71725-V & F17-57638-V
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 these appeals, whether appellant
has abandoned the appeals, or whether appointed counsel 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
TWENTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable
Brandon Birmingham, Presiding Judge, 292nd Judicial District Court; to Jeff P.
Buchwald; and to the Dallas County District Attorney’s Office.
These appeals are ABATED to allow the trial court to comply with the
above order. The appeals shall be reinstated twenty days from the date of this order
or when the findings are received, whichever is earlier.
/s/ LANA MYERS
JUSTICE