Court of Civil Appeals of Texas, 2019

William Travis Hendrix v. State

William Travis Hendrix v. State
Court of Civil Appeals of Texas · Decided February 20, 2019

William Travis Hendrix v. State

Opinion

Order entered February 20, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01032-CR WILLIAM TRAVIS HENDRIX, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-82878-2017 ORDER Appellant’s brief was due on November 28, 2018. When it was not filed, we notified appellant by postcard dated November 30, 2018 and instructed him to file his brief within ten days along with a motion to extend time to file the brief. To date, no brief has been filed and appellant has had no communication with the Court regarding the brief or the appeal.

Therefore, 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 this appeal or whether appellant 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 DIRECT the Clerk to send copies of this order to the Honorable Ray Wheless, Presiding Judge, 366th Judicial District Court; Kristin Brown; and to the Collin County District Attorney.

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

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