Jfourtl) Court of 3ntomo, tttcxas July 24, 2013

No. 04-13-00085-CR

Cody James LORENZ, Appellant

v.

The STATE of Texas, Appellee

From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 12-0259-CR Honorable W.C. Kirkendall, Judge Presiding

ORDER

Appellant's brief was originally due on May 17, 2013. On June 4, 2013, we sent a notice to appellant's retained counsel stating that the brief was late and either the brief or a motion for extension must be filed. Counsel responded by letter explaining that he is not able to proceed with the appeal because appellant's mother took appellant's file from his office due to a conflict involving the appeal.

Pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we ABATE this case to the trial court and ORDER the trial court to conduct a hearing to answer the following questions:

(1) Does appellant desire to prosecute his appeal?

(2) Is appellant indigent? If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.

(3) Has appointed or retained counsel abandoned the appeal? Because sanctions may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing.