Demarcus Dontrell Ridge v. State

• Court: Court of Appeals of Texas
• Decided: January 21, 2009
• Docket: 10-07-00379-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-07-00379-CR

Demarcus Dontrell Ridge,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 54th District Court

McLennan County, Texas

Trial Court No. 2006-603-C2

abatement ORDER

Appellant’s brief was originally due on or before July 3, 2008.  Appellant’s brief is now currently due on or before December 19, 2008 and is thus overdue.  In a December 5, 2008 letter, the Court notified Appellant’s counsel that unless a brief or satisfactory response was received within 14 days, the Court would abate this appeal and order the trial court to immediately conduct a hearing under Rule of Appellate Procedure 38.8(b)(2, 3).  Neither a brief nor a response has been received.

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 is receiving effective assistance of counsel; and (4) whether new counsel should be appointed for Appellant.  See Tex. R. App. P. 38.8(b)(2); Fewins v. State, 170 S.W.3d 293 (Tex. App.—Waco 2005, order).

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.

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Cause abated

Order issued and filed January 21, 2009

Do not publish