NO. 07-12-00076-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO

PANEL A MAY 14, 2012

JAIME FIERRO REYES, APPELLANT

v. THE STATE OF TEXAS, APPELLEE

FROM THE 222ND DISTRICT COURT OF DEAF SMITH COUNTY; NO. CR-11B-019; HONORABLE ROLAND D. SAUL, JUDGE

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ABATE AND REMAND On February 6, 2012, appellant Jaime Fie rro Reyes filed a notice of appeal from his conviction for possession with intent to de liver a controlled subs tance and sentence confining him in prison. By written request, the clerk and reporter each sought until April 28, 2012, to file their respective portions of the record on the ground that appellant had not paid or made arrangements to pay for the reco rd. According to the trial court clerk’s information form filed in this court, appella nt was not declared indigent and is represented by retained counsel on appeal.2 By letter, we notified appellant’s counsel of appellant’s paym ent obligations and directed counsel to file a writing by a specifie d date with the clerk of this court indicating acceptable arrangements were m ade with the clerk and reporter. We directed the clerk and reporter to file a status report if the record was not filed by April 28, 2012. Appellant’s counsel made no response to the cour t’s directive. Status reports from the reporter and clerk, filed May 4 and 7 respecti vely, indicate appellant’s counsel has not paid or made arrangements to pay for the record.

Accordingly, we now abate this appeal and remand the cause to the trial court. See Tex. R. App. P. 37.3(a)(2). On remand, the judge of t he trial court is directed to immediately cause notice to be given of and to conduct a hearing to determine: (1) whether appellant desires to pr osecute this appeal; (2) if ap pellant desires to prosecute this appeal, whether appellant is indigent; (3) if appellant desires to prosecute this appeal and is indigent, whether he is entitled to have the appellate record furnished without charge; (4) whether present counsel for appell ant has abandoned the appeal; (5) if appellant desires to prosecute this appeal and is indigent, whether appellant’s present counsel should be replaced with appoi nted counsel; and (6) w hat orders, if any,

should be entered to assure the filing of appropr iate notices and documentation to dismiss appellant’s a ppeal 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.

The trial court is directed to: (1) conduc t any necessary hearings; (2) make and file appropriate findings of fact, conclusi ons of law, recommendations and orders, and3 cause them to be included in a supplemental clerk’s record; (3) cause any live hearing, if conducted, to be transcri bed and included in a supplement al reporter’s record; (4) have a record of the proceedings made to t he extent any of the proceedings are not included in the supplem ental clerk’s record or the supp lemental 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 tr ial court, the supplemental clerk’s record, supplemental reporter’s record, if any, and an y additional proceeding records, including any orders, findings, conclusions, and recomm endations, are to be sent so as to be received by the clerk of this court not later than June 14, 2012.

Per Curiam

Do not publish.