Ex Parte Senna

OPINION ON APPELLANT’S MOTION FOR REHEARING

ROBERTS, Judge.

Our prior opinion of July 16,1980 is withdrawn and the following is substituted.

This is an appeal from an order denying bail pending appeal from a conviction for the offense of felony theft. See Article 44.04(c) and (g), V.A.C.C.P.

The appellant’s conviction for the offense of felony theft was abated in our Cause No. 58051 on July 5, 1978 in order that the trial court might conduct a hearing to determine if the appellant had been deprived of the effective assistance of counsel since his retained counsel had failed to file a brief on his…