NO. 07-05-0204-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL C SEPTEMBER 28, 2005

______________________________ RONALD THOMAS, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 64 TH DISTRIC T COURT O F HALE COUN TY; NO. A15178-0310; H ONORABLE ROB ERT W. KINKAID, JR., JUD GE

_______________________________ Before QUINN, C.J., and REAVIS an d HANCOCK, JJ. ON ABA TEMENT AND REMAND Appellant

Ronald Thomas has appealed his conviction and sentence fo llowing his convicti on for possession o f a c ontrolled subs tance and assess ment of punishment that includes an 18 month sentence in a state jail facility. A copy of a not ice of appeal w as filed with this Court on June 7, 2005. The clerk’srecord and r eporter’s r

ecord have be en filed. An order allowing trial counsel, Mr. Kregg Hukill, to withdr aw was granted by the trial court on June 6, 2005. N o appellate couns el has been appoint ed.2

Appellant’s brief was due on August 22, 2005 and has not been filed. The clerk of this court sent a l etter, dated September 14, 2005, to appellant noti fying him that the bri ef and an ex

tens ion of ti me to file the b rie f had not been fil ed. No response to the clerk’s letter has been received. The tr ial court has

the responsibi lity for ap pointing cou nsel to repr esent indige nt defendant s, as well as the authori ty to rel ieve or replace counsel. T EX . C ODE C RIM . P ROC . A NN . arts. 1.051(d) , 26.04(c) (Vernon 2005 & Supp. 20 04). See also Enriquez v. State , 999 S.W.2d 906, 907 (Tex.A pp.–Waco 1999, no pet.). Acc ordingly , we now abate this appeal and remand the cause to the trial court for further proceedings . T EX . R. A PP . P. 43.6. Upon remand the trial court shall immed iately conduct su ch hearings as may be necessary to determine the foll owing, causing pr oper notice of any

such hearing to be given: 1. whether

appellant sti ll desires

to prosecute this appeal and is indig ent and entitled to ap pointed counsel. Should it be determine d that appellant desires to continue the appeal, then the trial c ourt shall also take such measur es as may be ne cessary to assure appel lanteffectiv e assistance of counse l, which measures may include the appoi ntment of new counsel. If new counsel is appointed, the nam e, address, telephone number, and state bar number of counsel shall be included i n the order appoi nting new counsel. The trial cour

t shall ex ecute findings of fact, conclusionsof law, and s uch orders as the court

may en ter r

egard ing t he afore me ntioned issues and ca use its finding s and3

conclusions to be included in a supplemental clerk's record. A s upplementa l reporter's record of any hearing shall also be included in the appellate r ecord. The trial court shall file the supplemental clerk's record and the supplemen tal reporter's record with the Clerk of this Court

by October

28, 2005. Finally , if new couns el is appointe d, appellant's brief will be due within 30 days af ter the d eadlin e for f iling o f the supplemental cl erk's rec ord and the supplemental re porter's r ecord a nd th e Sta te's brief will be due wi thin 30 da ys thereafter. T EX . R. A PP . P. 38.6(a) & ( b). It is so or

dered. Per Cu riam Do not publish

.