Julio Nava v. State ( 2007 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-07-00007-CR

Julio Nava,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 40th District Court

Ellis County, Texas

Trial Court No. 24215CR/A

ABATEMENT ORDER

On October 15, 2007, we sent a letter to Appellant informing him that his retained trial counsel’s motion to withdraw had been granted and that the reporter’s record had not been filed apparently because Appellant had failed to pay or make arrangements to pay the reporter’s fee for preparation of the record.  Appellant has not responded to this letter from the Court, nor has he responded to our October 15, 2007 letter informing him that the Docketing Statement was due by November 5, 2007.

The Court abates this cause to the trial court with instructions to hold a hearing to determine: (1) whether Appellant still desires to proceed with the appeal; (2) whether Appellant is indigent and entitled to appointed counsel and whether he desires appointed counsel; and (3) whether Appellant desires to represent himself.  See Tex. R. App. P. 38.8(b)(2); Fewins v. State, 170 S.W.3d 293 (Tex. App.—Waco 2005, order) (Fewins contains an extended discussion of these issues).

The trial court shall conduct the hearing within thirty days after the date of this order.  The trial court clerk and court reporter shall file supplemental records within forty-five days after the date of this order.  See Fewins, 170 S.W.3d at 296-97.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal abated

Order issued and filed December 12, 2007

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