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Do not publish