Opinion
No. 10-07-00313-CR
Order issued and filed December 10, 2008. DO NOT PUBLISH.
Appealed from the 54th District Court McLennan County, Texas, Trial Court No. 2007-923-C2.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA (Chief Justice GRAY dissents)
ABATEMENT ORDER
Appellant's brief was originally due on or before December 27, 2007. Appellant's brief is now currently due on or before November 14, 2008 and is thus overdue. Appellant's counsel has filed eight motions for extension of time to date. 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); Fewins v. State, 170 S.W.3d 293 (Tex.App.-Waco 2005, order) (discussing these issues). The trial court shall conduct the hearing within twenty days after the date of this order. The trial court clerk and court reporter shall file supplemental records within thirty-five days after the date of this order. See Fewins, 170 S.W.3d at 296-97.
Cause abated.