Order entered October 16, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00725-CR
CRAIG LADARIUS THOMAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-70706-T
ORDER
The Court has before it appellant’s October 6, 2014 motion to abate appeal. In the
motion, counsel asserts that the clerk’s record may be incomplete and that there may be other
portions of the reporter’s record not filed. Counsel does not identify what is missing from the
record. Moreover, we note that counsel has been granted two previous extensions of time,
totaling sixty days, to file his brief. In neither of his previous extension requests did counsel
identify any problems with the record. Accordingly, we DENY the October 6, 2014 motion to
abate regarding the clerk’s record.
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 the appeal, whether
appellant is indigent, or if not indigent, whether retained 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 THIRTY DAYS of the date of this
order.
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/ ADA BROWN
JUSTICE