Opinion
No. 03-07-00669-CR
September 26, 2008. DO NOT PUBLISH.
Appealed from the District Court of Blanco County, 424th Judicial District No. CR952, Honorable Daniel H. Mills, Judge Presiding.
Before Justices PATTERSON, WALDROP and HENSON.
ORDER
Appellant William Edward Hughes appeals judgments of conviction for four counts of sexual assault of a child. He is represented by retained counsel, Eddie Shell. On May 7, 2008, the Court abated the appeal to determine whether appellant wished to pursue the appeal and why the reporter's record had not been filed. See Tex. R. App. P. 37.3. At a hearing, appellant and counsel informed the trial court that appellant is not indigent and that he intended to pay both the reporter and counsel to pursue the appeal. On June 12, 2008, the Court ordered appellant to pay for the reporter's record by no later than June 20, 2008. The order stated that if this deadline was not met, the appeal would be submitted without the record. No payment was made. Both appellant and his counsel have been advised by the Court that appellant's brief is now due. There has been no response to these notices. Appellant's counsel on appeal, Eddie Shell, is ordered to tender a brief on appellant's behalf raising those issues that do not require a reporter's record. The brief shall be filed no later than October 24, 2008. No extension of time for filing the brief will be granted. Counsel will be relieved of his obligation to file a brief upon receipt of a proper motion to dismiss the appeal. See Tex. R. App. P. 42.2. It is ordered September 26, 2008.