Order entered March 19, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00020-CR
STEPHEN LEN HEJNY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-58342-S
ORDER
The Court REINSTATES the appeal.
This appeal has been pending for more than one year. Appellant was convicted on his
open plea of guilty of theft of property valued at $1,500 or more but less than $20,000, and
sentenced to five years’ imprisonment. The Texas Department of Criminal Justice Inmate
Locator service reflects that appellant is incarcerated. Appellant was represented by court-
appointed counsel at trial, but filed a pro se notice of appeal. Nothing in the record reflects that
counsel was appointed to represent appellant on appeal. The clerk’s and reporter’s records have
been filed.
When appellant’s brief was not filed by March 26, 2013, this Court ordered the trial court
to make findings regarding why appellant’s brief had not been filed. When the findings were not
received by June 25, 2013, the Court ordered the Honorable Andy Chatham, Presiding Judge of
the 282nd Judicial District Court to conduct a hearing to determine why appellant’s brief had not
been filed. When the findings were still not received by October 8, 2013, the Court again
ordered the Honorable Andy Chatham, Presiding Judge of the 282nd Judicial District Court to
make findings regarding appellant’s record. The Court still has not received the findings
regarding appellant’s brief. This appeal cannot proceed to disposition until the issue of
appellant’s brief, including the issue of whether appellant even desires to continue the appeal,
has been resolved.
Accordingly, this Court ORDERS the Honorable Mary Murphy, Presiding Judge of the
First Administrative Judicial Region, to refer this matter to the Presiding Judge of the Dallas
County District Courts for a determination of whether this case should be transferred from the
282nd Judicial District Court to another court to provide for the “efficient operation of the court
system and effective administration of justice.” See TEX. GOV’T CODE ANN. § 74.092(10) (West
2013). If the Presiding Judge of the Dallas County District Courts is not able to perform his
duties, we ORDER the Honorable Mary Murphy, to perform that duty in accordance with Texas
Government Code section 74.046(5). See id. § 74.046(5).
Specifically, we ORDER that findings be made regarding the following:
Whether appellant desires to prosecute the appeal. If appellant’s presence cannot
be obtained for the hearing, we ORDER that the hearing be conducted in
appellant’s absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.––Corpus
Christi 1987, no pet.).
If appellant does not desire to pursue the appeal, a finding shall be made to that
effect.
If appellant does desire to pursue the appeal, a finding shall be made regarding
whether appellant is indigent and entitled to court-appointed counsel. If appellant
is indigent, we ORDER that counsel be appointed to represent appellant in this
appeal.
We ORDER that the findings on these be transmitted to this Court by FRIDAY, APRIL
18, 2014.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to:
(1) the Honorable Mary Murphy, Presiding Judge, First Administrative Judicial Region; (2) the
Honorable Robert Burns, Presiding Judge, Dallas County District Courts; (3) the Honorable
Andy Chatham, Presiding Judge, 282nd Judicial District Court; and (4) Michael Casillas, Dallas
County District Attorney’s Office.
We DIRECT the Clerk to send a copy of this order, by first-class mail, to Stephen Hejny,
TDCJ No. 01343298, Telford Unit, 3899 State Hwy 98, New Boston, Texas 75570.
The appeal is ABATED for compliance with this order. The appeal shall be reinstated on
April 18, 2014 or when the findings are received, whichever is earlier.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE