Christopher D. Hyde v. The State of TexasAppeal from 207th District Court of Comal County (memorandum opinion )

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00372-CR Christopher D. Hyde, Appellant v. The State of Texas, Appellee FROM DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2010-504, HONORABLE R. BRUCE BOYER, JUDGE PRESIDING MEMORANDUM OPINION PER CURIAM Appellant has filed a notice of appeal from his conviction for arson of a vehicle. Appellant s brief was due on November 27, 2013. On December 12, 2013, we notified appellant s counsel that the brief was overdue and that if we did not receive a satisfactory response on or before December 23, 2013, a hearing before the district court pursuant to Tex. R. App. P. 38.8(b) would be ordered. To date, the brief has not been received, nor have we received a response to our notice. We therefore abate the cause and remand it to the trial court to hold a hearing in accordance with rule 38.8 of the Rules of Appellate Procedure. Tex. R. App. P. 38.8(b)(2), (3). The trial court shall conduct a hearing to determine whether appellant still wishes to prosecute this appeal, whether appellant is indigent, and whether counsel has abandoned the appeal. See id. If appellant desires to appeal and is indigent, the trial court should make appropriate orders to ensure that appellant is adequately represented on appeal. See id. A record of the hearing, including copies of all findings and any orders, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than March 17, 2014. See id. Before Chief Justice Jones, Justices Pemberton and Field Abated Filed: February 14, 2014 Do Not Publish 2