Order entered July 18, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00182-CR
No. 05-14-00183-CR
TRAVIS LEE ANDERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause Nos. F12-50734-J, F12-53080-J
ORDER
Appellant’s motion to supplement the record on appeal and to hold the briefing schedule
in abeyance is before the Court. In his motion, appellant contends his brief was not timely filed
by the extended due date because the reporter’s record of the plea hearing was not filed.
Appellant points out that the clerk’s record reflects discrepancies on the date the plea hearing
might have been held with the plea paperwork dated August 29, 2013 by the parties and October
3, 2013 by the trial court. Appellant further points out that the trial court stated during the
January 3, 2014 punishment hearing that the plea hearing was held on November 8, 2013.
Our records reflect a supplemental reporter’s record of the plea hearing was filed on June
20, 2014. The plea hearing record reflects the plea was heard on October 3, 2013 and the case
was set for a punishment hearing on November 8, 2014. The punishment hearing was held on
January 3, 2014. The reporter’s record appears to be complete. Accordingly, appellant’s motion
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 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
Travis Lee Anderson v. State
Combined Opinion