NOS. 07-03-0423-CV 07-03-0424-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO PANEL B FEBRUARY 26, 2004

______________________________ IN THE MATTER OF J.M.R., A CHILD

_________________________________ FROM THE COUNTY COURT AT LAW OF R ANDALL COUNTY, SITTING AS A JUVENILE COURT; NOS. 3999-J, 405 0-J; HONORAB LE JAMESW. ANDERSON, JUD GE

_______________________________ Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ. ON ABATEMENT AND REMAND In May of 2003, ap pellant J.M.R., a juvenile, was adjudged as having en gaged in delinquent

conduct within the meaning of section 51.03 of the Texas Family Code and, as a result of a separa te adju dication h earing conducted the same day, was placed on probation subject to certain terms and conditi ons unti l his 18 th birthd ay. On June 9, 2003, the State fil ed a peti tion all eging ap pellant had fail ed to comp ly with t he condi ti ons of his probation and to modify the court’s prior disposi tion. This was assigned cause number 3999-J. Under aseparatecause nu mber, 405 0-J, the S tate filed a petition for adjudication.-2-

After hearings at which ap pel lant was represented by the same appointed counsel, appellant waived his right to trial and plead true to the al legations in the State’s petitions. In cause nu mber 4050 -J the tri al court found ap pellant engaged in deli nquent co nduct. In cause numb er 3999 -J the tri al court placed a ppellan t in the c ustody of the Texas Youth Commissi on. Appellant’s appointed counsel gave timely notice of his des ire to ap peal eac h order. We received the reporter’s record in bot h cases on November 19, 2003 and the clerk’s records on Dece mber 8, 20 03. C ounsel was notified when the records were filed. Appellant’s brief was due on January 7, 2004. Tex . R. App. P. 38.6(a). On February 3, 2004 , we n otified appellant’s appointed counsel that app ellant’s brief was past due, and requested a response by February 13. We have received no response. We must, therefore, abate the appeals and remand the matte r to the ju venile court of Randall County. Upon remand, the jud ge o f that court shall immediately cause notice to be given of and conduct a hearing to determine: 1. Whether the juvenile and his attorney have aband oned his appeals. 2. If the appeals have not been abandoned, the trial court shall determine if the juvenile is indigent and if so, whether the appointment of a new attorney is necessary; 3. If it is determined that a new attorney should be appointed, the name, address an d State Bar of Texas identification number of the attorney appointed;-3-

4. If the juvenile is not

indigent, whether he has fail ed to make the nece ssary arrangeme nts for prosecuting the appeals, and if he hasnot done so, what orders are necessary to ensure those arrangements are made; 5. If other orders are

necessa ry to ensu re the diligent and proper pursuit of the appeals. In support of

its dete rmination , the tria l court shall prepare and file written findings of fact and conclusions of law and cause them to be included in a supplemental cl erk’s record. The hearing proceedingssha ll be transcribed and included in a supplemental reporter’s record. Those supplemental records shall be submitted to the clerk of this court no later than March 26, 2004. Per Curiam