NO. 07-11-0136-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C DECEMBER 6, 2011

__________________ ____________ LOSARO SANDOVAL, JR. AKA LASA RO SANDOVAL, JR., APPELLANT V. THE STATE OF TEXAS, APPELLEE

__________________ _______________ FROM THE 181 ST DISTRICT COURT OF POTTER COUNTY; NO. 49,915-B; HONORABLE JOHN B. BOARD, JUDGE

__________________ _____________ Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ORDER DENYING MOTION AND SECOND ABATEMENT AND REMAND Appellant, Losaro Sandoval, Jr. a/k/a Lasaro Sandoval, Jr., was convicted by a jury of aggravated assault with a deadly we apon, enhanced and sentenced to fifty years confinement. 1 Sentence was imposed on November 17, 2005. By opinion dated May 16, 2006, in cause number 07- 06-0187-CR, this Court dismiss ed Appellant's attempt to

1 See Tex. Penal Code Ann. §§ 12.42(d) & 22.02(a)(2) (West 2011).2 appeal his conviction because no not ice of appeal was ever filed. Appellant filed a writ of habeas corpus asserting he was denied hi s right of appeal. On March 9, 2011, the Texas Court of Criminal Appeals granted him an out-of-time appeal.
On April 8, 2011, John Bennett was appoin ted by the trial court to prosecute Appellant's appeal. The appellate record was f iled and Appellant's br ief was originally due to be filed on July 18, 2011. On August 3, 2011, Appellant's counsel filed Appellant's first motion for an ex tension of time to file Appe llant's brief, requesting that he be granted until August 17, 2011 to file the brief. That motion was granted and the deadline was extended until August 17, 2011. On August 18, 2011, Appell ant's counsel filed Appellant 's second motion for an extension of time to file Appellant's brief, requesting that he be granted until September 16, 2011 to file the brief. That motion was granted and the dead line was extended until September 16, 2011.
On September 26, 2011, Appe llant's counsel filed his Motion to Withdraw from Representation , or in the Alternative , Motion to Extend Time to F ile Appellant's Brief by Sixty Days, alternatively requesting that he be granted until Novem ber 15, 2011, to file the brief. In response, on October 5, 2011, this Court abated this appeal and remanded the cause to the trial court to determine whether good cause existed upon which to grant counsel's motion to withdraw. On October 21, 2011, the trial court filed Findings of Fact and Conclusions of Law wherein it found that good c ause did not exist for the substitution of counsel.3 On November 30, 2011, again reciting his busy work schedule, Appellant's counsel filed Appellant's fourth motion for an ex tension of time to f ile Appellant's brief, now requesting that he be granted until Decem ber 28, 2011, to file the brief. Given the history of this case, this Court is not inclin ed to grant another extens ion in which to file Appellant's brief. 2 The motion is DENIED . Appellant’s brief is PAST DUE

. Consequently, we again abate this appeal a nd remand the cause to the trial court for further proceedings. Upon remand, the tr ial court is directed to conduct a hearing (irrespective of whether Appellant's counsel subsequently files a brief), on or before December 16, 2011, to determine the following:
1. whether Appellant = s counsel has effectiv ely abandoned the appeal given his failure to timely file a brief; 2. whether Appellant has been denied effective assistance of counsel and is entitled to new appointed counsel; and 3. whether Appellant's c ounsel's failure to comply with the Rules of Appellate Procedure and the directiv es of this Court raises a substantial question as to counsel's honesty, trustworthiness, or fitness as a lawyer. See Tex. Code Jud. C onduct, Canon 3(D)(1), reprinted in Tex. Gov't Code Ann., ti t. 2, subtit. G, app. B (West 2005).

Should it be determined that Appellant does want to prosecute this appeal and the trial court determines he is entitled to new appointed counsel, the trial court shall immediately provide to the Clerk of this Court the name, addre ss, telephone number, and state bar number of the ne wly-appointed counsel. The trial court shall execute findings of fact and conclusions of law, and shall cause its findings, conclusions, and

2 This Court does not consider a busy work schedule as good cause for granting a subsequent motion to extend the time to file a brief. See Curry v. Clayton , 715 S.W.2d 77, 79 (Tex.App.--Dallas 1986, no writ).4 any necessary orders to be included in a supple mental clerk's record to be filed with the Clerk of this Court by January 16, 2012. Finally, if new c ounsel is appointed, Appellant's brief shall be due thirty days after the date of appointment.

It is so ordered.

Per Curiam Do not publish.