Jack Carlton Wilkin, Jr. v. State ( 2008 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-07-00715-CR Jack Carlton Wilkin Jr., Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT NO. CR-07-475, HONORABLE JACK H. ROBISON, JUDGE PRESIDING MEMORANDUM OPINION PER CURIAM Appellant’s brief was due September 25, 2008. The brief has not been received and appellant did not respond to this Court’s notice dated October 16, 2008, that the brief is overdue. The appeal is abated. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations on issues raised by Rule 38.8(b)(2) and the circumstances of this case. If necessary, the court shall appoint substitute counsel. 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 January 20, 2009. See Tex. R. App. P. 38.8(b)(3). Before Justices Patterson, Waldrop and Henson Abated Filed: December 12, 2008 Do Not Publish