NO. 07-05-0369-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL D DECEMBER 22 , 2005

______________________________ CRUZ TIJERINA, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 364 TH DISTRIC T COURT O F LUBBOCK COUNTY; NO. 2004-406077; H ONORABLE BRAD LEY UNDER WOOD, JUDGE

_______________________________ Before QUINN, C.J., and REAVIS an d CAMPBELL, JJ.
ORDER ON ABA

TEMENT AND REMAND Appellant

Cruz Tijerina has appealed his conviction and sente nce following his convicti on of possession of a co ntr olled substance and ass essment of punishment that includes 5 years confinement. The clerk’s record was filed o n November 29, 2005 and the reporter’s record has no t been filed. Attor ney William E. McNamara III has filed a copy of the trial cour

t’s Order On Motion to W ithdraw as Counsel granting Mr. McNamara’s motion to withdr aw as appoin ted counsel for appel lant.2

The trial cour

t has the respons ibility for appoi nt ing counsel to represent indigent defendant s, as well as the authori ty to rel ieve or replace counsel. Tex. Code Crim. Proc. Ann. art. 1.051(d)

(Vernon Supp. 2004-05). See also Enriquez v. State , 999 S.W.2d 906, 907 (Tex.App.–W aco 1999, no pet.). Further, th e trial court retains author ity to appoint or substitute counsel ev en after the appellate record has b een filed. Enriquez , 999 S.W.2d at 908. See Tex. Code Cr im. Proc. Ann. art. 26.04(j) (2) (Vernon Supp. 2004-05 )

. Acco rdin gly, we now abate this appeal and remand th e cause to the trial court for further proceedings . T EX . R. A PP . P. 43.6. Upon remand the trial court shall immediately cause notice of a h earing to be given and thereafter conduc

t a hearing to determine the foll owing: (1) whether appel lant desiresto prosecute t his appeal; (2) if appellant

desires to prosecute this appeal, then w hether appellant is entitled to appointed cou nsel; (3) what

orders , if any, shoul d be entered to ass ure the filing of appropriate notices and documen tation to dismiss appellant’s appeal if appe llan t does not desir e to prosecute t his appeal, or , if appellant desires to p rosecute this appeal, to assur

e that the appeal w ill be diligentl y pursued.
Should it be determine d that appellant desires to continue the appeal, then the trial court shall also take such measur es as may be ne cessar y to assur

e app ella nt ef fec tive assistance of

counsel. If new counsel is appointed, the name, address, teleph one number, and state bar number

of counsel shall be included i n the order appoi nting new counsel.
The trial cour

t shall execute findings of fact, conclusions of law, and such orders as the court may enter regarding the aforemen tio ned iss ues and cause its findings and3

conclusionsto be included in a supplemental clerk's record. A s upplementa l reporter's record of the hearing s hall also be i ncluded in the app ellate record. The trial court shall file the supplemental cl erk's record and the suppl emental reporter 's record w ith the C lerk of this Court by January23, 2006. Final ly, if new counsel is appointed, appellant's brief will be due within 30 days af ter the d eadlin e for f iling o f the supplemental cl erk's record and the supplemental re porter's r ecord a nd th e Sta te's brief will be due wi thin 30 da ys thereafter. T EX . R. A PP . P. 38.6(a) & ( b).
It is so or

dered.
Per Cu riam Do not publish

.