Order entered February 3, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01398-CR
No. 05-14-01399-CR
CHRISTOPHER LEE COLE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause Nos. F13-53515-X, F13-53516-X
ORDER
Appellant’s brief is overdue in these appeals. We also note that the clerk’s records do not
contain the trial court’s certifications of appellant’s right to appeal. Accordingly, we ORDER
the trial court to prepare certifications of appellant’s right to appeal for each of these cases that
accurately reflect the trial court proceedings. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State,
420 S.W.3d 803 (Tex. Crim. App. 2013).
We further 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 the appeals, whether
appellant is indigent, or if not indigent, whether retained 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 THIRTY DAYS of the date of this
order. We further ORDER that the supplemental records contain the trial court’s completed
certifications of appellant’s right to appeal.
The 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/ ADA BROWN
JUSTICE