TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00310-CR NO. 03-06-00311-CR

Phillip Ashcraft, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT NOS. CR-04-252 & CR-04-253, HONORABLE WILLIAM R. HENRY, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant’s brief was due January 29, 2007. The brief has not been received and appellant’s retained attorney, Thomas Anthony Zakes, did not respond to this Court’s notice that the brief is overdue.

The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal, whether appellant is indigent, and, if he is not indigent, whether retained counsel has abandoned this appeal. See Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If necessary, the court shall appoint substitute counsel who will effectively represent appellant in this cause. 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 June 22, 2007.

See Rule 38.8(b)(3).

__________________________________________ Bob Pemberton, Justice Before Justices Patterson, Pemberton and Waldrop Abated Filed: May 24, 2007 Do Not Publish