Court of Civil Appeals of Texas, 2016

Darrius Demans Mosley v. State

Darrius Demans Mosley v. State
Court of Civil Appeals of Texas · Decided August 16, 2016

Darrius Demans Mosley v. State

Opinion

Order entered August 16, 2016

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00567-CR No. 05-16-00568-CR DARRIUS DEMANS MOSLEY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F10-53873-M & F12-59600-M ORDER Appellant’s brief was due July 23, 2016. By postcard we instructed him to file his brief along with a motion to extend time to file the brief; to date, nothing has been filed. 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 appeals, whether appellant is indigent, or if not indigent, whether retained 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.

These appeals are ABATED 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 findings are received, whichever is earlier.

/s/ ADA BROWN JUSTICE

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