TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 55790, HONORABLE C. W. DUNCAN, JR., JUDGE PRESIDING
PER CURIAM
Appellant's appointed counsel has filed a motion to withdraw this appeal, but the motion is not personally signed by appellant. See Tex. R. App. P. 44.2(a). Counsel was advised of this defect but did not respond. Meanwhile, the reporter's record is overdue, and the reporter has advised the Court that counsel told her that no record will be needed.
The appeal is abated and the cause is remanded to the district court. Upon remand, the court shall conduct a hearing to determine whether appellant desires to prosecute this appeal. Tex. R. App. P. 37.3(a)(2). If appellant wishes to pursue the appeal, the court shall order the prompt preparation of the reporter's record. Copies of all findings and orders and a transcription of the court reporter's notes from the hearing hereby ordered, shall be forwarded to the Clerk of this Court for filing no later than January 7, 2005. The time for filing the complete reporter's record is extended to January 21, 2005.
It is ordered this day of December 7, 2004.
Before Justices Kidd, Patterson and Puryear
Do Not Publish