Ashcraft v. State

OPINION

LATTIMORE, Justice.

Herbert R. Ashcraft appeals from the trial court’s determination that he was guilty of injury to a child. See TEX.PENAL CODE ANN. § 22.04(a)(4) (Vernon Supp.1991). The trial court assessed appellant’s punishment at four years in the penitentiary, probated.

After the record was filed in this court, but before Ashcraft’s brief was due to be filed, we received information that his attorney had died. Therefore, we abated this appeal to the trial court for a hearing to determine whether Ashcraft desired to continue his appeal and for appointment of new counsel, if…