TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. M-16537, HONORABLE WILLIAM R. SAVAGE, JUDGE PRESIDING
PER CURIAM
Appellant's brief was due August 8, 2003. Appellant's retained attorney, Mr. Eddie G. Shell, did not respond to this Court's notice that the brief is overdue.
The trial court is ordered to conduct a hearing to determine whether appellant desires to prosecute this appeal, whether appellant is indigent, and, if he is not indigent, whether retained counsel has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If appellant desires to prosecute the appeal but is indigent, the court shall appoint substitute counsel who will effectively represent appellant. The record from this hearing, including copies of all findings and orders and a transcription of the court reporter's notes, shall be forwarded to the Clerk of this Court for filing no later than October 24, 2003. Tex. R. App. P. 38.8(b)(3), (4).
It is ordered September 25, 2003.
Before Justices Kidd, Patterson and Puryear
Do Not Publish