Order issue October 2, , 2012
In The
Tourt uf Apprats
Iffift4 Bistrirt uf 3Jrxas at Dallas
No. 05-12-00743-CR
No. 05-12-00744-CR
ANTHONEY EUGENE JOHNSON Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F08-71994-V, F11-00273-V
ORDER
The Court DENIES appellant's second motion to extend time to file his brief.
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.