Order entered November 5, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00643-CR
No. 05-13-00646-CR
JUSTIN VEASLEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F10-52541-Q, F07-60455-Q
ORDER
The Court ORDERS the trial court to conduct a hearing to determine why appellant’s
brief has not been filed.1 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
1
The above appeals are companion cases to cause nos. 05-13-00644-CR, 05-13-00645-CR, and 05-13-00647-CR. The records in cause nos. 05-
13-00644-CR and 05-13-00645-CR reflect that the trial court granted the parties’ agreed motion for new trial, conducted a new adjudication
hearing, and assessed punishment in accordance with the parties’ agreement. In cause no. 05-13-00647-CR, the record reflects the trial court
granted the parties’ agreed motion for new trial, appellant pleaded guilty, and the trial court sentenced appellant in accordance with the parties’
agreement. Additionally, on the plea agreement forms, appellant waived his right to appeal these cases. See Blanco v. State, 18 S.W.3d 218,
219–20 (Tex. Crim. App. 2000). The trial court certified that appellant has no right to appeal these cases. See TEX. R. APP. P. 25.2(a), (d); Dears
v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). Therefore, the appeals in cause nos. 05-13-00644-CR, 05-13-00645-CR, and 05-13-00647-CR
are not subject to the abatement order and we will dispose of them in due course.
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.
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/ LANA MYERS
JUSTICE