TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00411-CR

Matthew E. Anderson, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2008-186, HONORABLE DIB WALDRIP, JUDGE PRESIDING

M EM O R A N D U M O P I N I O N PER CURIAM Appellant’s brief was due September 16, 2009. The brief has not been received and appellant’s appointed attorney, Joseph E. Garcia III, 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 and, if so, whether the attorney it appointed to represent appellant has abandoned the appeal. 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 December 4, 2009. Rule 38.8(b)(3).

Before Chief Justice Jones, Justices Waldrop and Henson Abated Filed: November 6, 2009 Do Not Publish