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Wanda Kay Tenery v. State
05-17-00637-CR
| Tex. App. | Sep 19, 2017
|
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Case Information

*1 Order entered September 19, 2017

In The

Court of Appeals Fifth District of Texas at Dallas No. 05-17-00637-CR

WANDA KAY TENERY, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 439th Judicial District Court Rockwall County, Texas Trial Court Cause No. 2-10-158 ORDER

Appellant’s brief was due August 25, 2017. By postcard dated August 28, 2017, the Court notified appellant that the brief was overdue and directed her to file her brief and an extension motion within ten days. To date, no brief has been filed and we have had no communication from appellant.

Therefore, 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 *2 (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 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: Wanda Kay Tenery v. State
Court Name: Court of Appeals of Texas
Date Published: Sep 19, 2017
Docket Number: 05-17-00637-CR
Court Abbreviation: Tex. App.
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