Christopher Rommell McKinney v. the State of Texas

Order entered April 27, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00100-CR

CHRISTOPHER ROMMELL MCKINNEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court Dallas County, Texas

Trial Court Cause No. F19-75306-M

ORDER

After the Court granted several extensions of time, appellant’s brief was due on March 31, 2021. To date, no brief or motion has been filed, and we have had no other communication regarding this appeal.

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 Ernest White, Presiding Judge, 194th Judicial District Court; to Valencia Bush; and to the Dallas County District Attorney’s Office, Appellate Division.

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 Court finds it appropriate to do so.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE