Danyell Daniels v. State

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-07-00115-CR

danyell daniels,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 13th District Court

Navarro County, Texas

Trial Court No. 31088

ABATEMENT ORDER

Appellant’s brief was due on or before September 24, 2007.  On October 8, 2007, we sent a letter to Appellant’s counsel about this due date and stated that unless a brief or satisfactory response was received within ten days, the Court would abate this appeal and order the trial court to immediately conduct a hearing.  To date, no brief or 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; and (3) whether Appellant still desires to proceed with the appeal; and (4) whether Appellant desires to represent himself.  See Tex. R. App. P. 38.8(b)(2); Fewins v. State, 170 S.W.3d 293 (Tex. App.—Waco 2005, order) (Fewins contains an extended discussion of these issues).

The trial court shall conduct the hearing within thirty days after the date of this order.  The trial court clerk and court reporter shall file supplemental records within forty-five 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

Appeal abated

Order issued and filed November 21, 2007

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