Court of Civil Appeals of Texas, 2019

Abreham Mamo Wolde v. State

Abreham Mamo Wolde v. State
Court of Civil Appeals of Texas · Decided September 16, 2019

Abreham Mamo Wolde v. State

Opinion

Order entered September 16, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00570-CR ABREHAM MAMO WOLDE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F17-00336-H ORDER Appellant’s brief was due August 16, 2019. When it was not filed, we notified appellant by postcard dated August 20, 2019 and directed him to file his brief and an extension motion by August 30, 2019. To date, no brief has been filed, and we have had no communication regarding this 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, whether appellant has abandoned the appeal, or whether appointed 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 TWENTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Tina Yoo Clinton, Presiding Judge, Criminal District Court No. 1; to April Smith; and to the Dallas County District Attorney’s Office.

This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated twenty days from the date of this order or when the findings are received, whichever is earlier.

/s/ CORY L. CARLYLE JUSTICE

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