Opinion
No. 03-10-00682-CR
Filed: February 11, 2011.
Appealed from the District Court of Bell County, 426th Judicial District No. 64,770, Honorable Fancy H. Jezek, Judge Presiding. Abated.
Before Justices PURYEAR, PEMBERTON and ROSE.
MEMORANDUM OPINION
Appellant's notice of appeal was filed on October 8, 2010, the clerk's record and reporter's record were filed on October 18. Appellant's brief was therefore due on November 17. See Tex. R. App. P. 38.6(a). Appellant has requested and received three extensions of time to file his brief, the last of which extended the deadline to February 28, 2011, but to date the brief has not been received. In granting the last motion for extension of time, we cautioned counsel that failure to file would result in our referring the cause to the trial court pursuant to rule 38.8(b). See id. R. 38.8(b). The appeal is therefore abated. The trial court shall conduct a hearing to determine whether appellant still wishes to pursue his appeal, whether appellant is indigent, and whether counsel has abandoned the appeal. See id. The court shall make appropriate findings and recommendations, and a supplemental record from this hearing, including copies of all findings and orders and a transcription of the court reporter's notes, shall be forwarded to the clerk of this Court within forty-five days of the date of this opinion. See id. R. 38.8(b)(3).