Order entered March 19, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00020-CR

STEPHEN LEN HEJNY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F12-58342-S

ORDER

The Court REINSTATES the appeal.

This appeal has been pending for more than one year. Appellant was convicted on his 

open plea of guilty of theft of property valued at $1,500 or more but less than $20,000, and 

sentenced to five years’ imprisonment. The Texas Department of Criminal Justice Inmate 

Locator service reflects that appellant is incarcerated. Appellant was represented by courtappointed counsel at trial, but filed a pro se notice of appeal. Nothing in the record reflects that 

counsel was appointed to represent appellant on appeal. The clerk’s and reporter’s records have 

been filed. 

When appellant’s brief was not filed by March 26, 2013, this Court ordered the trial court 

to make findings regarding why appellant’s brief had not been filed. When the findings were not 
received by June 25, 2013, the Court ordered the Honorable Andy Chatham, Presiding Judge of 

the 282nd Judicial District Court to conduct a hearing to determine why appellant’s brief had not 

been filed. When the findings were still not received by October 8, 2013, the Court again 

ordered the Honorable Andy Chatham, Presiding Judge of the 282nd Judicial District Court to 

make findings regarding appellant’s record. The Court still has not received the findings 

regarding appellant’s brief. This appeal cannot proceed to disposition until the issue of 

appellant’s brief, including the issue of whether appellant even desires to continue the appeal, 

has been resolved.

Accordingly, this Court ORDERS the Honorable Mary Murphy, Presiding Judge of the 

First Administrative Judicial Region, to refer this matter to the Presiding Judge of the Dallas 

County District Courts for a determination of whether this case should be transferred from the 

282nd Judicial District Court to another court to provide for the “efficient operation of the court 

system and effective administration of justice.” See TEX. GOV’T CODE ANN. § 74.092(10) (West 

2013). If the Presiding Judge of the Dallas County District Courts is not able to perform his 

duties, we ORDER the Honorable Mary Murphy, to perform that duty in accordance with Texas 

Government Code section 74.046(5). See id. § 74.046(5).

Specifically, we ORDER that findings be made regarding the following:

 Whether appellant desires to prosecute the appeal. If appellant’s presence cannot 

be obtained for the hearing, we ORDER that the hearing be conducted in 

appellant’s absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.––Corpus 

Christi 1987, no pet.).

 If appellant does not desire to pursue the appeal, a finding shall be made to that 

effect.

 If appellant does desire to pursue the appeal, a finding shall be made regarding 

whether appellant is indigent and entitled to court-appointed counsel. If appellant 

is indigent, we ORDER that counsel be appointed to represent appellant in this 

appeal.
We ORDER that the findings on these be transmitted to this Court by FRIDAY, APRIL 

18, 2014.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to: 

(1) the Honorable Mary Murphy, Presiding Judge, First Administrative Judicial Region; (2) the 

Honorable Robert Burns, Presiding Judge, Dallas County District Courts; (3) the Honorable 

Andy Chatham, Presiding Judge, 282nd Judicial District Court; and (4) Michael Casillas, Dallas 

County District Attorney’s Office.

We DIRECT the Clerk to send a copy of this order, by first-class mail, to Stephen Hejny, 

TDCJ No. 01343298, Telford Unit, 3899 State Hwy 98, New Boston, Texas 75570.

The appeal is ABATED for compliance with this order. The appeal shall be reinstated on 

April 18, 2014 or when the findings are received, whichever is earlier.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE