Order issued Octoberjte , 1997

In The Court nf Appeals 3fifUj Ststrtct of Okxas at Dallas 3%% No. 05-96-OQS^-CR

WAYNE NEAL THORNTON, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court No. 6 Dallas County, Texas Trial Court Cause No. MB94-48351-G

ORDER Because appellant's brief has not been filed within the time allowed, the trial court is ORDERED to conduct a hearing to determine why appellant's brief has not been filed and in this regard to determine whether appellant desires to prosecute the appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal, and to make appropriate findings and recommendations. See Tex. R. App. P. 38.8(6).

If the trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence. See Meza v. State, 752 S.W.2d 708 (Tex. App.--Corpus Christi 1987, no pet.)(per curiam).

If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. We order the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within sixty (60) days of the date of this order.

This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated sixty (60) days from the date of this order.

LINDA THOMAS CHIEF JUSTICE

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