TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00398-CR

Nicholas George Ramus Jr., Appellant

v.

The State of Texas, Appellee

FROM COUNTY COURT AT LAW NO. 2 OF HAYS COUNTY

NO. 90604, HONORABLE LINDA RODRIGUEZ, JUDGE PRESIDING

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

PER CURIAM

Appellant's brief was due December 9, 2010. On December 21, 2010, the Court notified appellant's retained counsel that the brief was overdue and that a hearing would be ordered under Texas Rule of Appellate Procedure 38.8(b) if counsel did not file a brief or otherwise respond by December 31, 2010. Counsel did not respond to the Court's notice.

The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal and if so, whether counsel has abandoned the 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 March 4, 2011. See Tex. R. App. P. 38.8(b)(3).

Before Chief Justice Jones, Justices Henson and Goodwin

Abated

Filed: February 4, 2011

Do Not Publish