Order entered July 30, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-01033-CR
No. 05-20-01034-CR
No. 05-20-01035-CR
CHRISTIAN COLE DONIHOO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-83060-2020 cts. 1-3
ORDER
Appellant’s brief was initially due April 28, 2021. After we granted two
extension motions, his brief was due June 28, 2021. To date, no brief has been
filed, and we have had no communication from appellant regarding the appeals.
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 these appeals, whether appellant has abandoned the appeals, or
whether appointed 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 DIRECT the Clerk to send copies of this order to the Honorable Andrea
Thompson, Presiding Judge, 416th Judicial District Court; to Christopher Routt;
and to the Collin County District Attorney’s Office, Appellate Division.
We ABATE these appeals 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 Court finds it appropriate to do so.
/s/ DENNISE GARCIA
JUSTICE