IN THE

TENTH COURT OF APPEALS

No. 10-09-00157-CR

Genaro Garcia,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court No. 08-04560-CRF-272

Appellant’s brief was originally due on or before October 8, 2009.  In a letter dated October 14, 2009, the Court provided notice that unless a brief or satisfactory response was received within 14 days, the Court must abate the appeal and order the trial court to immediately conduct a hearing pursuant to Rule of Appellate Procedure 38.8(b)(2, 3).  Neither Appellant’s brief nor a satisfactory response has been filed.

The Court abates this cause to the trial court with instructions to hold a hearing to determine: (1) why a proper brief has not been filed on Appellant’s behalf; (2) whether Appellant’s attorney has abandoned the appeal; (3) whether Appellant still desires to proceed with the appeal; (4) whether Appellant is receiving effective assistance of counsel; and (5) whether Appellant desires to represent himself or obtain new counsel.  See Tex. R. App. P. 38.8(b)(2).

The trial court shall conduct the hearing within twenty-one (21) days after the date of this order.  The trial court clerk and court reporter shall file supplemental records within thirty-five (35) days after the date of this order.

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Cause abated

Order issued and filed November 25, 2009

Do not publish