Elzie Bell v. State

• Court: Court of Appeals of Texas
• Decided: March 31, 2010
• Docket: 10-08-00386-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-08-00386-CR

Elzie Bell,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the County Court

Navarro County, Texas

Trial Court No. 60358

ORDER

Appellant’s brief was originally due on or before February 19, 2010.  In a letter dated February 26, 2010, 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 satisfactory 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 is receiving effective assistance of counsel.  See Tex. R. App. P. 38.8(b)(2).

The trial court shall conduct the hearing within fourteen (14) days after the date of this order.  The trial court clerk and court reporter shall file supplemental records within twenty-eight (28) days after the date of this order.

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal abated

Order issued and filed March 31, 2010

Do not publish