NO. 07-02-0156 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L E OCTOBER 14, 2002

______________________________ ERIC DARNELL BOULDWIN, APPELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 230 TH DISTRICT COURT OF HARRIS COUNTY; NO. 873010; HON ORABLEJOAN CA MPB ELL, JUDG E

_______________________________ Before REAVIS and JOHNSON, JJ., and BOYD, SJ. ON ABATEME NT AND REMAND On Apr il 19 , 2 00 1, up on hi s pl ea of gu il ty , a pp el la nt Eri c Da rn el l B ou ld win wa s adjudged guilty of the offense of posses sion of a controlled substance weighing mo re than four grams but less than 200 gram s. In accordance with a plea bargain, he was placed on probation (com munity s upervision) for a period of three years. On February 19, 2002, after2

hearing, appellant’s probation was revoked a nd he was ordered to serve a three-year sentence in the Institutional Division of the Department of Criminal Justice and, in addition thereto, he wasor de re d t o p ay a f i ne of $5 00 . O n t ha t s ame day, appell ant fil ed a pro se not ice of ap pea l. On A pril 2 2, 2 002 , we re ceived t he c lerk ’srecord in the case. However, we have never received a r eporter’s reco rd, nor have we rece i ve d a mot i on fo r e xt en si on of ti me to file that record. On June 5, 2002, we notified appellant that we ha d not received an appell ant’s brie f in this mat ter, which w

as due on May

22, 200 2. Af

ter rece iving the letter, appellant requested an extensi on of time which was granted until August12, 20 02. However, as of this date, w e have not received a brief, nor a m otion fo r e xt en si on of ti me to file the brief . We have also prev iously advis ed appellant that if n o satisf

actory responses wer

e receive d, it w

ould be necessary

to abate the ap peal to th e trial court pursuant to Tex . R. App. P . 38.8. We have received no response to that notification. Thisstate of

events necessitates a hearing to avoid further delay and preserve the parties’ rights. SeeTe x. R. App . 3 8. 8( b) . Ac co rd in gl y, we abate this appeal and rem and to the 230 th District Court of Harris County f or hearing. Upon rem and, the judgeof the trial court shall imm ediately cause notice to be given and conduct a hearing to determ ine: 1. Whethe r ap pella nt h as a ban don ed h is ap pea l, an d if no t, wheth er appellant is indi gent and if the appointm entof an attorney is necessary. If an attorne y is a ppointed, the nam e, address, and S tate Bar of Tex as identification num ber of the attorne y app ointed s hou ld bepro vide d tothis court.3

2. If appellant is not indigent and has failed to make arrangem ents to prosecute his appeal, what order s are necessary to ensu re those arrangement

s are m ade. 3. W hether any other orders are steps are needed to e nsure the diligent and pro per

pur suit of a ppe llant ’sapp eal. In support of its determ ination, the trial court will prepare and file written findings of fact and conclusi ons of law and cause them to be inclu ded in a suppl emental clerk’s record. The hearing p roceedi ngs shall be transcribed and included in a supplemental reporter’s record. Those s upplem ental reco rds sha ll be subm itted to t he clerk of this court not later than Novem ber 14, 2002. It is so ordered. Per Curiam Do not publish.