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Dennis Francis Wolever v. State
05-16-00169-CR
| Tex. App. | Aug 16, 2016
|
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Case Information

*1 Order entered August 16, 2016

In The

Court of Appeals Fifth District of Texas at Dallas No. 05-16-00169-CR

DENNIS FRANCIS WOLEVER, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 5 Dallas County, Texas

Trial Court Cause No. F-1322426-L ORDER

Appellant’s brief was due July 20, 2016. By postcard dated July 21, 2016, we instructed appellant to file his brief and a motion to extend time and cautioned him that the failure to do so would result in this case being abated for a hearing. To date, no brief or motion has been filed.

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 appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See T EX . R. A PP . 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 *2 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.

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/ ADA BROWN JUSTICE

Case Details

Case Name: Dennis Francis Wolever v. State
Court Name: Court of Appeals of Texas
Date Published: Aug 16, 2016
Docket Number: 05-16-00169-CR
Court Abbreviation: Tex. App.
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