Michael Dillon Romine v. State ( 2004 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-03-00330-CR

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Michael Dillon Romine, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH DISTRICT COURT NO. 5020096, HONORABLE JON N. WISSER, JUDGE PRESIDING

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O R D E R

PER CURIAM

Appellant's brief was originally due December 8, 2003. Appellant's appointed attorney, Mr. Walter C. Prentice, twice moved for extensions of time for filing. These motions were granted, the second being to February 6, 2004. The brief has not been tendered for filing and counsel did not respond to the Court's notice that the brief is overdue.

The district court is ordered to conduct a hearing to determine whether counsel has abandoned this appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If present counsel is not prepared to prosecute this appeal in a timely fashion, the court shall appoint substitute counsel who will effectively represent appellant on appeal. 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 April 1, 2004. Rule 38.8(b)(3).

It is ordered March 8, 2004.

Before Chief Justice Law, Justices Patterson and Puryear

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