Hester v. State

ORDER

James Hester appealed from a judgment and sentence for driving while intoxicated. He timely filed a notice of appeal. We have abated this cause twice because retained counsel has failed to file a brief on Hester’s behalf. The first time we abated, the court failed to hold a hearing because of a communication failure between the clerks and the trial court. The second time this cause was abated, the court was able to hold a hearing. The trial court found that Hester does wish to prosecute this appeal and he is not indigent. At the hearing, counsel explained that he believed other counsel…