Opinion
No. 10-09-00157-CR
Opinion delivered and filed November 25, 2009. DO NOT PUBLISH.
Appealed from the 272nd District Court, Brazos County, Texas, Trial Court No. 08-04560-CRF-272. Cause abated.
Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.
ABATEMENT ORDER
Appellant's brief was originally due on or before October 8, 2009. In a letter dated October 14, 2009, the Court provided notice that unless a brief or satisfactory response was received within 14 days, the Court must abate the appeal and order the trial court to immediately conduct a hearing pursuant to Rule of Appellate Procedure 38.8(b)(2, 3). Neither Appellant's brief nor a satisfactory response has been filed. 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; (3) whether Appellant still desires to proceed with the appeal; (4) whether Appellant is receiving effective assistance of counsel; and (5) whether Appellant desires to represent himself or obtain new counsel. See TEX. R. APP. P. 38.8(b)(2). The trial court shall conduct the hearing within twenty-one (21) days after the date of this order. The trial court clerk and court reporter shall file supplemental records within thirty-five (35) days after the date of this order.