Order entered June 18, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01724-CR
No. 05-12-01731-CR
No. 05-12-01732-CR
JERMAINE COTTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F12-51603-W, F12-51604-W, F12-70036-W
ORDER
Appellant’s brief is overdue in these appeals. We also note that none of the boxes is
checked on the trial court’s certifications of appellant’s right to appeal these cases.
Accordingly, the Court ORDERS 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 clerk’s records contain completed copies of
the trial court’s certifications of appellant’s right to appeal in these cases.
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/ DAVID EVANS
JUSTICE