NO. 07-01-0140-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL A NOVEMBER 6, 2001

______________________________ JOHN DAVID HURD, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE CO UNTY CRIMINA L COURT AT LAW NO. 2 OF HARR IS COUNT Y;

NO. 1027078; HON ORABLE MICH AEL PETERS, JUD GE

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

John David H urd wa s con vi cted o f the misdemeanor offense of driv ing while intoxicated and sentenced to 21 days confinement in the Harris County jail and a fine of $2,000. Timely noti ce of appeal was given. However, we have receive d no brief from appellant in thi s matter.2

We notified appe llan t by le tter date d Jul y 24, 2 001 , tha t his b riefshou ld ha ve been filed no later than June 21, 2001, but w e had received no such brief or motion for extens ion of time to file one. We warned appellant that if no satisfactor

y response was recei ved by August3, 2001, we w

ould abate the appeal to the trial court. In r esponse, appellant

filed
a motion for exte nsion of time on Aug ust 9, 2001, request ing until September 22, 2001, to file his brief. We granted the moti on givi ng appellant u ntil Fri day, S eptember 21, 2001, with a warnin g thatbecause of the length of the extension granted, the court would expect the brief to be file d on that date. As of this time, we have once again received neither a brief nor a motion for ex

tension of time w ithin w hich to file one. This state of af fairs requiresus to abate this appeal to the trial court for a hearing as prov ided by Texas Rule of Appellate Procedu re 38.8(b)(2). Accordingly, this appeal is abated and the cause remanded to County

Criminal Court at Law

No. 2 of Harr is County

. Upon remand, the judg e of the trial court shall i mmediately cau se notice tobe give n and conduct a heari ng to determin e:
1. W hether appellant has ab andoned his appea l. 2. If appellant has n otabandoned his appeal , whether his present appellate attorney will diligentl y pursue th e appeal an d what steps , if any, shoul d be taken to ensure t hat dilige nce. 3. If it be determi ned that the presen t attorney will not dilig ently purs ue the appeal, whether appellant is presently indigent, and if so, whether other counsel should be appointed to rep resent him. 4. If it be determi ned that another attorney shoul d be appointed, the na me, address, an d State Bar of Texas identification number of the attorney appointed.3

5. If appellant isnot ind igent and t he present attorney will not diligently pursue the appeal, w hat steps need to be taken to ensure that appellant will promptly obtain the services of anoth er attorney to pursue the appea l. 6. W heth er ap pell ant h as be en de prive d ofa dili gent appe al by in eff ecti ve assistance of coun sel or for any other reason. 7. If any other orders are necessary to ensure the proper and timely pursuit of appellant’s app eal.
In support of itsdeterm ination s, the tri al court s hall prep are and file writte n find ings of fact and conclusi ons of law and cause them to be inc luded in a supp l emental clerk’s record. The hearing proceedin gs shall be tr anscribed and i ncluded in a sup plemental reporter’s record. The supplemen tal clerk’s and reporter’s recordsshall be submi tted to the clerk of thi s court no la ter than December 6, 2001.
It is so or

dered.
Per Curiam Do not publish

.