NO. 07-03-0402-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL A

	DECEMBER 9, 2003

	______________________________

	PAUL RAYMOND TRUJILLO, APPELLANT

	V.

	THE STATE OF TEXAS, APPELLEE

	_________________________________

	FROM THE 64TH DISTRICT COURT OF HALE COUNTY;

	NO. A13170-9809; HONORABLE JACK R. MILLER, JUDGE

	_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

	ABATEMENT AND REMAND

	Appellant Paul Raymond Trujillo has given notice of appeal from a judgment revoking his probation in cause number A 13170-9809 in the 242nd District Court of Hale County, Texas (the trial court).  Following the filing of Notice of Appeal, appellant’s counsel filed a Motion to Withdraw, which is pending.  

	The clerk of the court of appeals received and filed the trial court clerk’s record on November 5, 2003.  The trial court clerk’s record reflects that although appellant’s appellate counsel was retained, appellant had previously been determined to be entitled to appointed counsel, and counsel had been appointed to represent him.  No appointment of counsel has been made for appeal.

	In Texas, the trial court has been designated to appoint the appellate attorney for an eligible indigent defendant.  See Tex. Crim. Proc. Code Ann. §§ 1.051(d)(1), 26.04(a).  Accordingly, this appeal is abated and the cause is remanded to the trial court.  Tex. R. App. P. 43.6.  Upon remand, the judge of the trial court is directed to cause notice to be given of and to conduct a hearing to determine: (1) whether appellant desires to prosecute this appeal; (2) if appellant desires to prosecute this appeal, then whether appellant is indigent; (3) if appellant is indigent and desires to prosecute this appeal, whether (a) the motion of current appellate counsel should be granted and (b) counsel for appellant should be appointed; and (4) what orders, if any, should be entered to assure the filing of appropriate notices and documentation to dismiss appellant’s appeal if appellant does not desire to prosecute this appeal, or, if appellant desires to prosecute this appeal, to assure that the appeal will be diligently pursued.  If the trial court determines that current counsel should be allowed to withdraw, the trial court should enter an order to such effect.  If the trial court determines that an attorney should be appointed to represent appellant on appeal, the trial court is directed to appoint an appellate attorney for appellant and cause the clerk of this court to be furnished the name, address, and State Bar of Texas identification number of the appointed attorney. 

	The trial court is directed to: (1) conduct any necessary hearings; (2) make and file appropriate findings of fact, conclusions of law, recommendations and orders, and cause them to be included in a supplemental clerk’s record; (3) cause the hearing proceedings to be transcribed and included in a reporter’s record of the hearing; and (4) have a record of the proceedings made to the extent any of the proceedings are not included in the supplemental clerk’s record or the reporter’s record of the hearing.  In the absence of a request for extension of time from the trial court, the supplemental clerk’s record, reporter’s record of the hearing, and any additional proceeding records, including any orders, findings conclusions and recommendations, are to be sent so as to be received by the clerk of this court not later than January 30, 2004. 	

								Per Curiam

Do not publish.