TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00466-CR

Michael Lester Trubee, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT NO. 05-864-K368, HONORABLE DONALD LEONARD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant’s brief was originally due January 15, 2007. On March 28, the Court granted counsel’s untimely motion for extension of time and ordered counsel to file a brief on appellant’s behalf no later than April 16, 2007. Counsel did not file a brief as ordered.

The appeal is abated. The district court shall conduct a hearing to determine whether John Duer, the attorney appointed by the court, has abandoned this appeal. See Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If Duer 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 June 22, 2007. See id. Rule 38.8(b)(3). __________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Pemberton and Waldrop Abated Filed: May 22, 2007 Do Not Publish