Steven Wayne Simmons v. State

Order entered February 8, 2018 In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00786-CR STEVEN WAYNE SIMMONS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 16-90142-422-F ORDER Appellant’s brief was initially due November 15, 2017. Appellant filed two motions for extension of time which the Court granted, making his brief due January 16, 2018. In our December 19th order, we cautioned appellant that the failure to file a brief might result in the appeal being abated for a hearing. See TEX. R. APP. P. 38.8(b)(2). To date, no brief has been filed and we have had no further communication from appellant. Therefore, 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 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. /s/ LANA MYERS JUSTICE