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Eric Jermond Davis, Appellant v. the State of Texas

April 24, 2013

ERIC JERMOND DAVIS, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE



On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F11-71411-W, F11-59063-W

The opinion of the court was delivered by: David Evans Justice

ORDER

The Court REINSTATES the appeals.

On January 15, 2013, we ordered the trial court to make findings regarding why appellant's brief has not been filed in these appeals. The findings were due within thirty days of the date of the order. To date, however, we have not received, the findings, appellant's brief, or a response to either of two letters inquiring about the status of the findings. The appeals cannot proceed until the issue of appellant's brief is resolved.

Accordingly, we ORDER the Honorable Tracy Holmes, Presiding Judge of the 363rd Judicial District Court, to conduct a hearing to determine why appellant's brief has not been filed. In this regard, the Honorable Tracy Holmes 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 Honorable Tracy Holmes cannot obtain appellant's presence at the hearing, the Honorable Tracy Holmes 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 Honorable Tracy Holmes is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel.

We ORDER the Honorable Tracy Holmes to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within TWENTY-ONE DAYS of the date of this order.

The appeals are ABATED to allow the Honorable Tracy Holmes to comply with the above order. The appeals shall be reinstated twenty-one days from the date of this order or when the findings are received, whichever is earlier.

20130424

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