Opinion
No. 10-09-00358-CR
Order issued and filed August 11, 2010. DO NOT PUBLISH.
Appealed from the 52nd District Court, Coryell County, Texas, Trial Court No. Fam-08-19632. Appeal abated.
Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.
ABATEMENT ORDER
Appellant's brief was originally due on or before July 9, 2010. In a letter dated July 16, 2010, 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 response has been filed. The Court abates this cause to the trial court with instructions to hold a hearing to determine: (1) why a brief has not been filed on Appellant's behalf; (2) whether Appellant's attorney has abandoned the appeal; and (3) whether Appellant is receiving effective assistance of counsel. See TEX. R. APP. P. 38.8(b)(2, 3). The trial court shall conduct the hearing within fourteen (14) days after the date of this order. The trial court clerk and court reporter shall file supplemental records within twenty-eight (28) days after the date of this order.