Opinion
No. 10-05-00050-CR
Order Issued and Filed June 15, 2005. DO NOT PUBLISH.
Appeal from the County Court at Law No. 2, Johnson County, Texas, Trial Court No. M2004-00233.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
ABATEMENT ORDER
The Clerk of this Court notified Charles A. Mitchell's counsel by letter dated May 20, 2005 that the appellant's brief was overdue. To date, no brief or extension request has been filed. Therefore, we abate this cause to the trial court with instructions to hold a hearing to determine: (1) why no brief has been filed on Mitchell's behalf; (2) whether his attorney has abandoned the appeal; and (3) whether Mitchell desires to proceed with the appeal. TEX. R. APP. P. 38.8(b)(2). If Mitchell no longer wishes to pursue an appeal, he must sign and file a written withdrawal of his notice of appeal. Id. 42.2; McClain v. State, 17 S.W.3d 310, 311 (Tex.App.-Waco 2000, no pet.). If Mitchell expresses a desire to proceed pro se, the trial court shall admonish him on the record "of the dangers and disadvantages of self-representation." TEX. CODE CRIM. PROC. ANN. art. 1.051(g) (Vernon 2005). If the court determines that he has voluntarily and intelligently waived his right to counsel, the court shall require him to execute a written waiver of counsel which substantially complies with article 1.051(g). Id. The trial court shall, within thirty days after the date of this Order: (1) conduct the hearing; (2) cause a court reporter to make a record of the hearing; (3) make appropriate orders and findings of fact and conclusions of law; and (4) deliver any orders and findings of fact and conclusions of law to the trial court clerk. The trial court shall inform Mitchell's counsel, or Mitchell himself if pro se, that his brief is due within thirty days after the date of the hearing. The trial court clerk shall: (1) prepare a supplemental clerk's record containing all orders and findings of fact and conclusions of law which the trial court renders or makes; and (2) file the supplemental clerk's record with the Clerk of this Court within forty-five days after the date of this Order. The court reporter shall prepare and file a supplemental reporter's record containing a transcription of the hearing within forty-five days after the date of this Order.