TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00084-CR

Edwin Garcia, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT

NO. 9044148, HONORABLE JON N. WISSER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant’s brief was due August 22, 2005. Appellant’s appointed counsel, Mr. Leonard M. Martinez, did not respond to this Court’s notice that the brief is overdue.

The appeal is abated for a hearing to determine whether counsel has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The district court shall make appropriate findings and recommendations. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter’s notes, shall be filed as a supplemental record no later than November 14, 2005. Rule 38.8(b)(3).

                                                ___________________________________________

                                                G. Alan Waldrop, Justice

Before Chief Justice Law, Justices Pemberton and Waldrop

Filed: October 14, 2005

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