TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 649520, HONORABLE DAVID F. CRAIN, JUDGE PRESIDING
PER CURIAM
Appellant's brief was due December 2, 2004. Appellant's retained attorney, Mr. Joseph A. Turner, 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 this appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If appellant desires to prosecute this appeal but is indigent, the court shall appoint substitute counsel who will effectively represent appellant on appeal. A 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 as a supplemental record no later than February 18, 2005. Rule 38.8(b)(3).
It is ordered January 21, 2005.
Before Chief Justice Law, Justices B. A. Smith and Pemberton
Do Not Publish