NO. 07-00-0290 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L A DECEM BER 17, 2001

______________________________ ZENON LOPEZ, APPELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 251 ST DISTRICT COURT OF RANDALL COUNT Y; NO. 12,373-C; H ONORAB LE WILLIAM R. SHA VER, J UDGE

_______________________________ Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
ON ABATEME NT AND REMAND Appellant Zenon Lopez was convicted of the off ense of indecency w ith a child and sentenced to eight years in the Institutional Division of the Departm ent of Criminal Justice, probated for eight years. A ppellant’s notice of appeal was filed on June 13, 2000.We pre viou sly aba ted this

app eal because we had not received the reporter’s record or appellant’s brief, and we ha d been informed by the court reporter that she had notreceived a depos it to pay for prep aration of

the record. Th e trial cou rt found that appellant still wished to pursue his appeal, and the appeal was reinstated. By letter dated August 27, 2001, we were inform ed by the court reporter tha tshehad rec eive d a d epo sit for the preparati on of the record a nd requested ad diti onal ti me to prepare it. That re quest
was granted with the repo rter’s record being due on October 23, 2001. By letter dated October 23, 2001, we were inform ed that the repor ter’s record had been prepared and
w ould be forwarded w hen final payment w as m ade. To date, we have not rec eived a reporter’s record or a brief.
These events require that we effectuate our respons ibili ty to ma ke whate ver order is appropriate to avoid furt her dela y and to preserve th e parties’ r ights. Tex. R. App. P. 37.3(a)(2 ). Accordingl y, this appeal is abated and the cause reman ded to the 251 stDistrict Court of Randall County, Texas. Upon rem and, the j udge of th e tri al co urt sha ll im m edia tely

cause notice to be given and co nduct a heari ng to determ ine whether appellant hasaba ndo ned his appeal. If appellant has not abandoned his appeal, the court shall further determine:
1. If appellant’s attorney of record con tinu es to re pre sen t ap pella nt a nd w ill dilige ntly pur suehis appeal. If not, and appellant is not indigent, what steps sho uld be taken to en sure tha t ap pella nt w ill promp tly retain an attorney who w ill diligentl y pursue the appeal and that appellant w ill makethe necessary arrangement

s to prosecute his appeal. 2. If appellant i s indige nt, whet her an attorney should be appointed to han dle the appeal . If such attorney i s appointed , this co u rt should besupplied the attorney’s nam e, address, and S tate Bar of Texas identification numbe r. 3. If appellant is indigent, what steps are ne cessary to en su re the prom pt preparation of a reporter’s record. 4. If any orders are necessary to ens ure the diligent and properpursuit of app ellan t’s

app eal.
In support of its determ inations, the trial court will prepare and file written findings of fact and conclusi ons of law and cause them to be inclu ded in a suppl emental clerk’s record. In addition, the trial court shall cause a transcription of the hearing to be prepared and included in a repor ter’s record. The sup plem ental clerk ’s record and r eporter’ s record should be subm itted to this court no later than January 15, 2002.
It is so ordered.
Per Curiam Do not publish.