TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00043-CR

Robert Alan Young, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2008-271, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING

MEMORANDUM OPINION

PER CURIAM Appellant’s brief was due May 14, 2009. The brief has not been received and appellant’s appointed attorney, Joseph Emilio Garcia III, did not respond to this Court’s notice that the brief is overdue. His response was due to be filed June 8, 2009.

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 August 17, 2009. Rule 38.8(b)(3).

Before Chief Justice Jones, Justices Waldrop and Henson Abated Filed: July 15, 2009 Do Not Publish