TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00101-CR

Jose Alfredo Rivera, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT

NO. CR2008-331, HONORABLE GARY L. STEEL, JUDGE PRESIDING

O R D E R

PER CURIAM

Appellant Jose Alfredo Rivera filed his notice of appeal on February 20, 2009. The clerk's record was filed on March 31, and the reporter's record was filed on June 9, making appellant's brief due July 9. On July 21, we sent appellant's appointed counsel notice that the brief was overdue, giving him until July 31 to respond to our notice. To date, appellant's brief has not been filed and counsel has not responded to our notice. We therefore order counsel to file appellant's brief no later than October 30, 2009. If the brief is not filed, we will abate the cause and refer it to the trial court for a hearing pursuant to rule 38.8 of the rules of appellate procedure. See Tex. R. App. P. 38.8(b).

Before Justices Patterson, Puryear and Pemberton

Filed: October 7, 2009

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