TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00618-CR

Jason Levar Gibson, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT NO. 3032574, HONORABLE FRED A. MOORE, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant’s brief was due June 22, 2005. Appellant’s appointed attorney, Mr. Edmund M. (Skip) Davis, did not respond to this Court’s notice that the brief is overdue.

The appeal is abated and the district court is ordered to conduct a hearing to determine whether counsel has abandoned this appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If Mr. Davis is not prepared to prosecute this appeal in a timely fashion, the court shall appoint substitute counsel who will effectively represent appellant on appeal. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter’s notes, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than August 26, 2005. Rule 38.8(b)(3).

__________________________________________ Bea Ann Smith, Justice Before Justices B. A. Smith, Puryear and Pemberton Filed: August 1, 2005 Do Not Publish