Opinion
No. 10-06-00318-CR
February 7, 2007. DO NOT PUBLISH.
Appeal From the County Criminal Court No. 5 Tarrant County, Texas Trial Court No. 0991697.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
ABATEMENT ORDER
Appellant's brief was due on or before December 14, 2006. On December 22, 2006, we sent a letter to Appellant's counsel about this due date and stated that unless a brief or satisfactory response was received within ten days, the Court would abate this appeal and order the trial court to immediately conduct a hearing. To date, no brief or response has been filed. A majority of the Court abates this cause to the trial court with instructions to hold a hearing to determine: (1) why a proper brief has not been filed on Appellant's behalf; (2) whether Appellant's attorney has abandoned the appeal; and (3) whether Appellant still desires to proceed with the appeal; and (4) whether Appellant desires to represent himself. See TEX. R. APP. P. 38.8(b)(2); Fewins v. State, 170 S.W.3d 293 (Tex.App.-Waco 2005, order) ( Fewins contains an extended discussion of these issues). The trial court shall conduct the hearing within thirty days after the date of this order. The trial court clerk and court reporter shall file supplemental records within forty-five days after the date of this order. See Fewins, 170 S.W.3d at 296-97. Appeal abated