NO. 07-10-00508-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C MARCH 9, 2011

LESHAWN MCREYNOLDS, APPELLANT

v. THE STATE OF TEXAS, APPELLEE

FROM THE 108TH DISTRICT COURT OF POTTER COUNTY; NO. 60,114-E; HONORABLE DO UGLAS WOODBURN, JUDGE

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

ORDER OF ABATEMENT AND REMAND
Appellant, Leshawn McReynolds, filed a noti ce of appeal from his placement on ten years deferred adjudicati on community supervision fo r possession of a controlled substance, marijuana. On January 19, 2011, th is Court received a request from the trial court clerk for extension of time to file the clerk’s record. This motion indicated that appellant has not paid or m ade arrangements to pay for the clerk’s record nor has an attorney “appeared” on the case for appeal. On that same date, this Court granted the clerk’s request for extension, and sent separate notice to ap pellant regarding his failure to pay for or make arrangements to pay for the clerk’s record. Further, this Court2 notified appellant that, if this Court did not receive the clerk = s record or a certification from the clerk or appel lant that the record had been paid for or that satisfactory arrangements had been made for t he preparation of the record by February 21, 2011, this Court may dismiss the appeal for want of prosecution. See T EX

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. P. 37.3(b). We have not received the clerk’s record and, in fact, received another request for extension of time to file t he clerk’s record, which again in dicates that appellant has not paid or made arrangements to pay for the cler k’s record nor has an attorney “appeared” on the case for appeal.
Additionally, appellant’s not ice of appeal was submitted by Darrell R. Carey. Carey expresses appellant’s desire to appeal, and indicates that he was trial counsel for appellant. However, Carey also states t hat he “has not been appoi nted or retained on the appeal.” In this Court’s January 19, 2011 correspondence, we expressly informed Carey that as the attorney whose signatur e first appears on appellant ’s notice of appeal, Carey is properly designated as lead counsel for appellant in this appeal. See T EX

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. P. 6.1. We also expressly informed Care y that, to the extent that the notice of appeal was intended to constitu te a nonrepresentation notice, it is deficient. See T EX

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. P. 6.4. Finally, we noted that Carey’s statement in the notice of appeal could not be construed to constitute a motion to withdraw, see T EX

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. P. 6.5(a), (b), and that nothing in the record available to th e Court indicates that the trial court had permitted Carey to withdraw from cont inued representation of appellant.
Because the clerk’s record has not ye t been filed and due to the confusion regarding representation of ap pellant on appeal, we now abate this appeal and remand3 the cause to the trial court. See T EX

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. P. 37.3(a)(2). Upon remand, the judge of the trial court is directed to immediately cause notice to be given of and to conduct a hearing to determine: (1) whet her appellant desires to pros ecute this appeal; (2) if appellant desires to prosecute this appeal, whet her appellant is indigent; (3) if appellant is indigent and desires to prosecute the appeal, whether he is entitled to have the appellate record furnished without charge; (4) whether present counsel for appellant has abandoned the appeal; (5) if appella nt desires to prosecute th is appeal and is indigent, whether appellant = s present counsel should be replaced ; and (6) what orders, if any, should be entered to assure the filing of appropr iate 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 det ermines that the present atto rney for appellant should be replaced, the trial court should cause the Cl erk of this Court to be furnished the name, address, and State Bar of Texas identificat ion number of the ne wly-appointed or newlyretained attorney.
The trial court is directed to: (1) conduc t any necessary hearings; (2) make and file appropriate findings of fact, conclusi ons of law, and reco mmendations and cause them to be included in a supplemental clerk = s record; (3) cause the hearing proceedings to be transcribed and included in a supplemental reporter = s record; (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 supplemental reporter = s record; and (5) cause the records of the proceedings to be sent to this Court. In the absence of a request for extension of time from the tria l court, the supplemental clerk = s record, supplemental4 reporter = s record, and any additional proceeding re cords, 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 April 4, 2011.

Per Curiam
Do not publish.