Order entered February 13, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00638-CR
No. 05-14-00639-CR
ZANTAR LADON KELLY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F13-00158-S, F07-60023-S
ORDER
Appellant’s brief was due originally on August 9, 2014. After receiving an extension,
appellant’s counsel withdrew from representation. New counsel was appointed on December 4,
2014 and the due date for appellant’s brief was extended to January 7, 2015. Subsequently, the
Court granted appellant another extension of time to February 6, 2015. Appellant failed to file
his brief and has requested another extension.
Appellant’s February 11, 2015 motion to extend the time to file appellant’s brief is
DENIED.
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 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.
These 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