PER CURIAM

Appellant Alex Garcia failed to appear at the hearing ordered by this Court pursuant to rule 38.8. See Tex. R. App. P. 38.8(b)(2). Garcia's counsel told the trial court that Garcia intends to pay for the record--which is long overdue--and pursue the appeal. The trial court determined that Garcia wishes to pursue the appeal, Garcia is not indigent, and Garcia's retained counsel has not abandoned the appeal.

This appeal will be submitted for decision without a reporter's record unless satisfactory arrangements for payment are made with the court reporter no later than September 29, 2006. See Tex. R. App. P. 37.3(c). Under these circumstances, counsel's brief will be due no later than October 23, 2006.

It is ordered September 18, 2006

Before Justices B. A. Smith, Pemberton and Waldrop

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