NO. 07-01-0367-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL A APRIL 3, 2002

______________________________ JOSE S. GONZALES, APPELLA NT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 137 TH DISTRIC T COURT O F LUBBOCK COUNTY; NO. 2001-436732; H ONORABLE CEC IL G. PURY EAR, JUDGE

_______________________________ Before BOYD, C.J., and REAVIS an d JOHNSON, JJ.
ON ABATEMENT AND REMAND Appellant

Jose S. Gonz ales has appe al ed from his conv iction of the offense of aggravated assault w ith a deadly weapon and the resulting punishment of 35 years confinement in the Instituti onal Division ofthe Depa rtment of Crimi nal Just ice. Alth ough2

he was represe nted by co urt-app ointed counse l during tria l and the time f or filin g a motion for new tri al, he filed a pr o se notice of appeal

. By letter dated M arch 14, 2002, we in formed appellant that his bri ef was due to be filed by December

5, 2001, and tha t we had re cei ved neither a brief nor a moti on for extension of time to file a brief. We furtherinformed appellant that if we di d not receive a satisfactory resp onse by Marc h 25, 2002 , the appe al wo uld be abate d. On March 25, 2002, we recei ved a letter from appellant stat ing that his court- appointed attorney , whom appellant repr

esents to be the same attorney he had at the tri al court level, is “s upposed to be taking care of this.” He further represents th at he has not heard from his at torn ey. By letter dated March 27, 2002, appellant as serts that he still wishes to pursue his appeal but that his attorney “has done nothing but

lie” to hi m. This state of affairs necessitates that we abatethis appeal to the 137 th District Court of Lubbock County for a hearing asprovided for in Rule of Appellate Pro cedure 38.8(b)(2). Upon remand, the j udge of the trial court shall immediately cause notice to be given a nd conduct a heari ng to determin e: 1. W hether appellant has ab andoned his appea l. 2. If appellant hasnot abandoned his app eal, whether appellant’s a ttorney wil l diligentlypursue the appeal. Ifnot, the trial court shall determine if appellant

is s til l in dig ent a nd i f the appo intm ent of a no ther attorney is necessary . 3. If appellant is not indigent, whether r etained counsel has abandoned the appeal or

whether appe llant has failed to make the necessary arrangements for prosecuting his appeal, and i f h e has not done so, what orders are necessary

to ensure those arrangements be made.3

4. If it be determi ned that another attorney shoul d be appointed, the na me, address, and State Bar of Te xas id e ntification number of the attorney appointed. 5. If any other orders are ne cessary to ensure the di ligent and proper pursuit of appellant’s app eal.
In support of its d eterminations, the trial court shall prepare and fil e written f indings of fact and conclusi ons of law and cause them to be inc luded in a sup p lemental clerk’s record. The hea ring pr oceedings sh all be transc ribed and incl uded in a supplementa l reporter’s record. Those supplemental records shall be submitted to the clerk of th is court no later than M ay 6, 2002.
It is so or

dered.
Per Curiam Do not publish

.