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Christie Zimmerman Shearer v. State
05-16-00317-CR
Tex. App.
Sep 29, 2016
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Case Information

*1 Order entered September 29, 2016

In The

Court of Appeals Fifth District of Texas at Dallas No. 05-16-00317-CR

CHRISTIE ZIMMERMAN SHEARER, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 061833 ORDER

The Court DENIES appellant’s September 22, 2016 third motion to extend time to file her brief.

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 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/ LANA MYERS JUSTICE

Case Details

Case Name: Christie Zimmerman Shearer v. State
Court Name: Court of Appeals of Texas
Date Published: Sep 29, 2016
Docket Number: 05-16-00317-CR
Court Abbreviation: Tex. App.
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