TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00231-CR

Bennie Paul Rangel, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT NO. 06-819-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant’s brief was due November 5, 2007. Appellant’s retained attorney, David Aaron Pina, did not respond to the 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 the appeal. Tex. R. App. P. 38.8(b)(2). The 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 forwarded to the clerk of the Court for filing as a supplemental record no later than February 29, 2008. Tex. R. App. P. 38.8(b)(3). __________________________________________ W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Pemberton and Waldrop Abated Filed: January 29, 2008 Do Not Publish