1 John T. Boyd, Chi ef Justice (R et.), Se venth Co urt of Appeals, si tting by

assignment. NO. 07-02-0022-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL E SEPTEMBER 16, 2002

______________________________ HORACE CHESTER, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE CRI MINAL DIS TRICT CO URT OF JEF FERSON COU NTY;

NO. 82603; HON ORABLE LARRY GIST, JUDGE

_______________________________ Before QUINN and JOHNSON, JJ., AND BOYD, S.J. 1 Appellant

Horace Ches ter has gi ven notice o f appeal from a c onviction and sentence in Cause No. 82603 in the Criminal Distr ict Co urt o f Je ff erso n Cou nty, Texas (the trial court), for po ssession of a cont rolled substance . The appellate co urt clerk has received and filed the tri al court cl erk’s record and the t rial court reporter’s

record. Appellant

has bee n prev iousl y gr anted an exte nsion of time to file his brief. By letter dated2

August 19, 2002, the appe llate clerk advised co unse l for appellant t hat appellant’sbrief was due on July

15, 2002, and that nei ther the brief nor a motion for ex

tension of time for filing of the brief had been r eceived. C ounsel for appell ant w as further advised by such letter that if no respons e to the letter was rec eived by

August 30, 2002, the appeal would be abated to the trial cour t for hearing pursuant to T EX . R. A PP . P. 38.8(b). No response to the clerk’ s letter of Aug ust 19th has been recei ved. Acco rdin gly, this appeal i s abated and the caus e is remanded to t he trial cour t. T EX . R. A PP . P. 38.8(b)(2). Upon remand, the judge of the trial court is directed to immediately cause notice to be g iven of and to conduct a hearing to determine: (1) whether appellant ’s present counsel shoul d be replaced; an d (2) wha t orders, i f any, should be entered to assure that the ap peal will b e diligent ly pursue d. If the trial court determi nes that the present attorney for appellant

should be replaced, the court should ca use the clerk of this court to be furnished the name, address, and S tate Bar of Texas identi fication number of the newly

-appointed or ne wly- retained attor ney. The trial cour

t is direc ted to: (1) conduct any nec essary hear ings; (2) make and file appropriate findings of fact, conclusions of law and recommendations, and cause them to be included in asupplemental cl erk’s record; (3) ca use the hearing proceedings to be transcribed and included in a supplemental reporter’s record; (4 ) have a r

ecord of the procee dings made to the exte nt any of the pro ceedings ar e not included i n the supplemental cl erk’s rec ord or the suppl emental reporter ’s record; and (5) causethe records of the proceeding s to be sent to t his court. T EX . R. A PP . P. 3 8.8(b)(3) . In the absence of a request for extension of time from the trial court, the su pplemental clerk’s3

record, supplemental re porter’s r ecord, and any

additional pr

oceeding records, inclu ding any orders, findi ngs, concl usions and recommendations, are to be sent so as to be received by the cler k of this court not later than October 16, 2002.

Per Curiam Do not publish

.