TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00744-CR

Osagie Newton Omorodion, Appellant

v.

The State of Texas, Appellee

FROM COUNTY COURT AT LAW NO. 7 OF TRAVIS COUNTY

NO. C1CR07216784, HONORABLE ELISABETH ASHLEA EARLE, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant's brief was due April 13, 2009. The brief has not been received, no extension of time has been requested, and appellant, who is appearing pro se, 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. See 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 this Court for filing as a supplemental record no later than July 16, 2009. See Tex. R. App. P. 38.8(b)(3).

__________________________________________

Diane M. Henson, Justice

Before Chief Justice Jones, Justices Puryear and Henson

Abated

Filed: June 16, 2009

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