The State of
Fourth Court of Appeals
San Antonio, Texas
December 22, 2015
No. 04-15-00600-CR
Delbert Anthony HARDIN,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 6, Bexar County, Texas
Trial Court No. 482758
Honorable Wayne A. Christian, Judge Presiding
ORDER
Appellant’s brief, due November 30, 2015, has not been filed. On December 3, 2015, we
notified appellant’s counsel of the deficiency. TEX. R. APP. P. 38.8(b)(2). We received no
response.
Therefore, pursuant to Texas Rule of Appellate Procedure 38.8(b)(2), we abate this case
to the trial court and ORDER the trial court to conduct a hearing to answer the following
questions:
(1) Does appellant desire to prosecute his appeal?
(2) Is appellant indigent?
(a) If appellant is indigent, the trial court shall take such measures
as may be necessary to assure the effective assistance of counsel,
which may include the appointment of new counsel.
(b) If the trial court finds that appellant is not indigent, the trial
court should determine whether appellant has made the necessary
arrangements for filing a brief.
(3) Has appointed counsel abandoned the appeal? Because initiating contempt
proceedings against appellant’s counsel may be necessary, the trial court should
address this issue even if new counsel is retained or substituted before the date of
the hearing. See TEX. R. APP. P. 38.8 (b)(4).
The trial court may, in its discretion, receive evidence on the first two questions by sworn
affidavit from appellant. The trial court shall, however, order appellant’s counsel to be present at
the hearing.
We ORDER the trial court to file its written findings of fact and conclusions of law with
the trial court clerk no later than thirty (30) days from the date of this order. We ORDER the
trial court clerk to file a supplemental clerk’s record in this court no later than ten days after the
trial court files its findings of facts and conclusions of law. We further ORDER the court reporter
to file in this court a supplemental reporter’s record of the hearing, along with copies of any
documentary evidence admitted, no later than twenty days after the date of the hearing.
All appellate deadlines are ABATED pending further orders from this court.
_________________________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 22nd day of December, 2015.
___________________________________
Keith E. Hottle
Clerk of Court