Sandersfeld v. State

LANA MYERS

On March 18, 2014, this Court struck the Anders brief filed by counsel because the record was not complete and the brief did not comply with the requirements of Anders v. California. We ordered that the record be supplemented with the reporter's record of April 5, 2011 plea hearing, as well as the records of any other hearings. We further ordered that counsel file either an amended Anders brief or a brief raising issues on the merits within sixty days. On March 24, 2014, we received the record of the April 5, 2011 hearing, and on March 28, 2014, we received a letter from court reporter Janet Dugger stating that no other hearings were recorded. To date, however, we have not received either an amended Anders brief or a brief raising issues on the merits.

Accordingly, 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 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 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.

LANA MYERS

JUSTICE