Hill, Samuel Lee v. State

Order entered October , 2012 if in The

QEottrt of Ztpptat I tftj itrfrt of 1xa at atta — No. 05-12-00222-CR SAMUEL LEE HILL, Appellant

V.

TIlE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court

Dallas County, Texas Trial Court Cause No. F11-70789-Q ORDER

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 curiarn). 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.

D L DAVID L. BRIDGES JUSTICE