PER CURIAM

On April 10, 2003, this Court affirmed Colbert's conviction for habitual theft after reviewing his appointed counsel's frivolous appeal brief and what the Court understood to be Colbert's pro se brief. Colbert subsequently filed a "motion to abate judgment and opinion" complaining that, despite repeated requests from him, the district clerk had never provided a copy of the appellate record for his use. He also complained that he had not filed what he considered to be his pro se brief. After several inquiries from the Clerk went unanswered, a deputy district clerk finally confirmed Colbert's assertion that the record had not been sent to him. The district clerk promised to promptly send him the record.

The opinion and judgment of this Court dated April 10, 2003, are withdrawn. The motion to abate is dismissed. If she has not already done so, Ms. Amalia Rodriguez-Mendoza, the Travis County District Clerk, is ordered to immediately deliver a copy of the clerk's and reporter's records in this cause to Colbert. Appellant Almer Lee Colbert is ordered to tender his pro se brief for filing no later than July 25, 2003.

It is ordered June 13, 2003.

Before Chief Justice Law, Justices B. A. Smith and Puryear

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