Opinion
05-22-00550-CR
06-06-2023
RICKY LEE STEVENSON, II, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-81736-2022
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. Appellant's brief was originally due December 16, 2023. On March 14, 2023, this Court granted appellant's second motion for extension and ordered the brief be filed by April 13, 2023. As of the date of this order, appellant's brief has not been filed, and appellant's counsel has not communicated with this Court concerning this appeal since March 8, 2023.
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. We ORDER Jaqueline Kimbrough, Court Reporter, to file a reporter's record of the hearing required by this order within THIRTY days of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Angela Tucker, Presiding Judge, 199th Judicial District Court; Jaqueline Kimbrough, Court Reporter; Kristin Brown, counsel for appellant; and the Collin County District Attorney's Office, Appellate Division.
We DIRECT the Clerk to send a copy of this order by first class mail to Ricky Lee Stevenson, TDCJ No. 02398743, Coffield Unit, 2661 FM 2054, Tennessee Colony, TX 75084.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be when the trial court's findings are received or on such date as the Court deems appropriate.