Christopher Garner v. State

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00218-CR

Christopher Garner,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 361st District Court

Brazos County, Texas

Trial Court No. 04-03224-CRF-361

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.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Order issued and filed February 15, 2006

Do not publish

[CR25]