TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00203-CR

Candace Orn, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF CALDWELL COUNTY, 421ST JUDICIAL DISTRICT NO. 12-095, THE HONORABLE TODD A. BLOMERTH, JUDGE PRESIDING

MEMORANDUM OPINION

PER CURIAM After this Court granted four extensions of time to file the brief, appellant’s brief was due February 11, 2014. The brief has not been received and appellant’s retained attorney, Howard S. Jenkins, has informed this Court that a brief may not be filed at all.

The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal, whether appellant is indigent, and, if she is not indigent, whether retained counsel has abandoned this appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make appropriate findings and recommendations. See Tex. R. App. P. 38.8(b)(2), (3). If appellant still desires to appeal and the court finds that she is indigent, the court shall make appropriate orders to ensure that appellant is adequately represented on appeal. See Tex. R. App. P. 38.8(b)(2), (3). Following the hearing, which shall be transcribed, the trial court shall order the appropriate supplemental clerk’s and reporter’s records—including any order and findings—to be prepared and forwarded to this Court no later than March 19, 2014. See Tex. R. App. P. 38.8(b)(3).

Before Chief Justice Jones, Justices Pemberton and Rose Abated Filed: February 13, 2014 Do Not Publish