Opinion
No. 10-11-00439-CR
05-02-2012
CODY JAY RILEY, Appellant v. THE STATE OF TEXAS, Appellee
From the 413th District Court
Johnson County, Texas
Trial Court No. F45054
ABATEMENT ORDER
Appellant's brief was originally due on or before March 14, 2012. In a letter dated March 21, 2012, 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 proper brief has not been filed on Appellant's behalf; (2) whether Appellant's attorney has abandoned the appeal; (3) whether Appellant still desires to proceed with the appeal; (4) whether Appellant is receiving effective assistance of counsel; and (5) whether Appellant desires to represent himself or obtain new counsel. See TEX. R. APP. P. 38.8(b)(2).
The trial court shall conduct the hearing within twenty-one (21) days after the date of this order. The trial court clerk and court reporter shall file supplemental records within thirty-five (35) days after the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Cause abated
Order issued and filed May 2, 2012
Do not publish