Branden Keith Wilson v. The State of Texas

Summary

The Texas Court of Appeals for the Fifth District at Dallas ordered the trial court to conduct a hearing concerning the appellant’s missing brief. The court abated the appeal and directed the trial court to determine whether the appellant wished to pursue the appeal, was indigent, or had been abandoned by retained counsel, and to transmit findings and recommendations within thirty days.

Holdings

1. When an appellant's brief has not been filed, the trial court must conduct a hearing and make findings and recommendations concerning the appellant's desire to prosecute the appeal, indigency, and possible abandonment by retained counsel.
2. If the trial court cannot obtain appellant's presence at the hearing, it must conduct the hearing in appellant's absence; if appellant is indigent, the trial court must take measures necessary to assure effective representation, which may include appointing new counsel.

Questions Presented

1. What action should the appellate court take when an appellant's brief has not been filed and the record does not establish whether the appellant wishes to continue the appeal or lacks effective representation?

Disposition

remanded