Opinion
No. 10-05-00278-CR
Order issued and filed November 23, 2005. DO NOT PUBLISH.
Appeal fromthe Criminal District Court No. 4, Tarrant County, Texas, Trial Court No. 0773010D.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA. (Chief Justice GRAY concurring with a note: "The scope of this order is inconsistent with Texas Rule of Appellate Procedure 38.8(b). TEX. R. APP. P. 38.8(b). The scope of a 38.8(b) hearing and the trial court's duties in connection with that hearing are clearly specified in the rule. TEX. R. APP. P. 38.8(b)(2) and (3). I join the order abating this appeal so that the trial court can conduct a proper 38.8(b) hearing and perform its duties pursuant to 38.8(b)(3). Id.").
ABATEMENT ORDER
Appellant's brief is overdue, and after notice to appellant's counsel to file a brief or extension request, none has been filed. Therefore, we abate this cause to the trial court for a hearing to determine: (1) why a brief has not been filed on appellant's behalf; (2) whether counsel has abandoned the appeal; (3) whether appellant still desires to proceed with the appeal; and (4) whether appellant desires self-representation. See TEX. R. APP. P. 38.8(b)(3); Fewins v. State, 170 S.W.3d 293 (Tex.App.-Waco 2005, order). The trial court shall conduct the hearing within 30 days after the date of this order. The trial court clerk and the court reporter shall file supplemental records within 45 days after the date of this order. See Fewins, 170 S.W.3d at 296-97.