NO. 07-00-0497 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L C MARC H 6, 2001

______________________________ PRINCEWIL L A. TATA, APPELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 337 TH DISTRICT COURT OF HARRIS COUNTY; NO. 839,680; HON ORABLE DON STRIC KLIN, JUD GE

_______________________________ Before QUINN and REAVIS and JOHNSON, JJ. Appellant Princewill A. Tata has given notice of appea l fr om a conviction and sentence in cause num ber 839,680 in the 337th Dis tric t C our t of Har ris County, Tex

as (the trial court). The trial court clerk’s records were filed with the appellate court clerk on October 24, 2000. The clerk of this cour t is in rece ipt of a letter fromthe trial co urtreporter which advises that the reporter has n ot received a deposi t toward trans cription of the2

reporter’s record on appeal, nor any designat ion of recor d on appeal . No reporter’s record has been filed. Pursuan t t o correspondence fromthe clerk of this court, couns el for appellant advised that an affi davit of indigency was forw arded to appellant at his place of incarceration, and that upon filing of the properly-ex ecuted affidavit, the trial co urtw ould appoint counsel to represent appellant on appeal. Subsequent inquiry into the status of the affidavit of indigency and appointm ent of c ounsel has not elicited a response from appellant or his counsel. Accordingl y, this appeal is abated and the cause rem anded to the trial court. T EX . R. A PP . P. 37.3(a)(2). Upon rem and, the j udge of the trial court is directed to im m edia tely cause notice to be given of and to cond uct a hearing to determ ine: (1) whether appellant desires to prosec ute this appeal; (2) if appellant desires to prosecute this appeal, then whether appellant is indigent, and if not indi gent, whet h er counsel for appellant has abandoned the appe al; (3) if appellant desires to prosecute the appeal, whether appell ant’s present counsel should be re placed; and (4) what orders, if any, should be entered to assure the fi ling of appropri ate notices an d documentation to di smiss appell ant’s appeal if appellant does not desire to prosecute, or, if appellant desires to prosecute, to assure that the appeal will be dili gently pursued. If the trial court determines thatthe pres ent attorney f or appellant should be replaced, the co urt sho uld causethe clerk of this court to be furnished the nam e, address, and S tate Bar of Tex as identificati o n numbe r of the new ly-appointed or newly-retained attorney.3

The trial court

is directed to: (1) con duc t an y ne ces sar

y he arin gs; (2) m ake and file appropriate findings of fact, conclusions of law and recomm endation s, and cause them to be included in a supplemental cler k’s recor d; (3) cause the hearing proceedings to be transcribed and included in a reporter’s record; and (4) have a record of the proceedings ma de to the extent any of the proceed ings are no t inclu ded in the sup plemental cle rk’s record or the reporter’s record. In the absence of a request for ex tension of

ti me from the trial court, the su pplem ental clerk ’s record , reporter ’s record of the hearing and proceedings pur

sua nt to th is order, and any additional proceeding records, including any orders, findings, conclusions and recom menda tions, are to be sent so as to be received by the clerk of this court not later than April 16, 2001.

Per Curiam Do not publish.