IN THE
TENTH COURT OF APPEALS
No. 10-96-185-CR
ESTEBAN ROGELIO GARCIA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court # 42,357-85
OPINION ON
SUA SPONTE ABATEMENT OF APPEAL
On July 3, 1996, Esteban Garcia filed a pro se petition for a writ of habeas corpus, complaining that the sheriff of Brazos County, Bobby Riggs, was unlawfully confining him in the county jail because Garcia was allegedly suffering from several serious physical ailments. The trial court on July 16 conducted a hearing in response to Garcia's petition. On August 14, the trial court signed an order denying Garcia's petition. Garcia filed a notice of appeal on July 18, which became effective on the date of the trial court's signed order. See Tex. R. App. P. 58(a).
Although the transcript and supplemental transcript were filed on August 22, no statement of facts followed. On November 27 our clerk notified Garcia that the statement of facts had not been timely filed and that, absent a motion for an extension of time to file the statement of facts, we would consider the appeal on the transcript alone. See Tex. R. App. P. 53(m). In the same letter, he was given thirty days to file the brief. No brief has yet been filed.
Therefore, this appeal is abated and the trial court instructed to conduct a hearing to determine: (1) why a statement of facts has not been filed; (2) whether Garcia desires to proceed with the appeal; and (3) whether he has made necessary arrangements for filing a brief. Id. 53(m), 74(l)(2), 83. If Garcia no longer wishes to pursue an appeal, he must sign and file a motion to dismiss, expressly requesting withdrawal of his notice of appeal and dismissal of this proceeding. Id. 59(b).
The trial court shall forward a record of the hearing, with its findings of fact and conclusions of law, to the clerk of this court within twenty-one days of the date of this order.
PER CURIAM
Before Chief Justice Davis,
Justice Cummings, and
Justice Vance
Appeal abated
Order issued and filed January 8, 1997
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