Michael Anthony Deleon v. State ( 2010 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00257-CR Michael Anthony DeLeon, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT NO. CR-08-293, HONORABLE WILLIAM HENRY, JUDGE PRESIDING MEMORANDUM OPINION PER CURIAM Appellant’s brief was due August 6, 2010. The brief has not been received and appellant’s appointed attorney, Alexander L. Calhoun, did not respond to the Court’s notice 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 and, if so, whether the attorney it appointed to represent appellant has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If necessary, the court shall appoint substitute counsel who will effectively represent appellant in this cause. 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 November 19, 2010. Rule 38.8(b)(3). Before Chief Justice Jones, Justices Patterson and Henson Abated Filed: October 22, 2010 Do Not Publish 2