* John T. B oyd, Ch ief Justice ( Ret.), Se venth Court o f Appeals , sitting by as sign ment. NO. 07-02-0142 -CR NO. 07-02-0143 -CR NO. 07-02-0144 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L E OCTOBER 7, 2002

______________________________ FABIAN JAME S TANKESLY, A PPELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 4 7TH DISTRICT COURT OF POTTER COUN TY; NO. 41,975-A, 41 ,941-A, & 41, 926-A ; HONO RABLEDAVID GLEAS ON, JUDGE

_______________________________ Before QUINN and REAVIS, JJ. and BOYD, S.J. *
ABA TEMENT AND REMA ND Pursuant to guil ty pleas, on A pril 1 1, 2 001 , ap pella nt F abia n Ja m es T ankesly was convicted of thef

t over $ 1,50 0 in cause num ber 41,975-A, securing ex ecution of docum ents2

bydeception over $20,000 and under $100 ,000 in cause num ber 41,941-A, and unauthorized useof am oto r ve hiclein cause nu mber 41,92 6-A, all state jail felonies, and punishment

wasassessed at tw

o years confinem ent and a $100 fine, suspended for three years comm unity super vision . Up on the Stat e’s am ended m otion, on March 7, 2002, com munity

supervision was revoked for violations of three of the conditions thereof, and the original punishment was impose d. Proceeding in fo rm a p au pe ris , appellant timely filed notices of appeal. The appellate record wasfiled on May 6, 2002. Af ter tw o m otio ns f

or e xtens ionsof t im e in which to f

ile a brief were granted ex tending the deadline to August 5, 2002, a thi rd request wasgrante d to S eptem ber 4, 2002, w ith the adm onition that no additional extensions w ould be gra nted ab sent extre me and unusu al ci rcumstance s. A fourth m otion for extension of time was filed ex plaining that additional time w as nec essary to d iligen tly research th e record and pertinent case law to prepare a proper brief, appellate counsel attended to fam ily il lness, and m atters pending in the District Court still needed to be addressed. The fourth request w as granted ex

tending the deadline to October 1, 2002, with the sam e adm onishment p reviously given. On October 1, 2002, appellant filed a fifth mot ion for extension of tim e citing the sam e reasons as in the fourth reques t. Appella nt’s fifth mo tion for extension of tim e in which to file a brief is hereby denied and we now

abate the appeal and rem and the cause to the trial court for further proceedings pursuant to Rule 38.8(b)(2) and (3). Upon rem and , th e tr ial c our t sh all3

im m edia tely

cau se notice of a hearing to be given and, thereafter, conduct a hearing to determ ine the following: 1. w het her

app ellan t de sire s topro sec utetheapp eal; 2. whether

appellant is indigent and entitled to n ew app oint ed coun sel; and 3. whether

appell ant has b een denied effective assistance of counsel given appellate counsel’s failure to file a brief. The trial court shall cause the hearing to be transcri bed. Should it be determ ined that appellant desires to continue the appeal and is indigent, then the trial court shall also take such m easuresas m ay be ne cessa ryto a ssu re a ppe llant eff ect ive a ssi sta nceof coun sel, which me asures m ay include the appointment of new cou n sel. If new cou nse l is appointed, the nam e, address, telephone num ber, and state bar num ber of said counsel sha ll be included in the order appointing newcounsel. Finally, the trial court shall execute findings of fact, conclusions of law, and such orders as the court m ay enter regarding the aforem entioned issue s, and ca use its findings and conclusions to be included in a supplemental clerk's record. A supplem ental record of thehea ring sha ll also be included in the app ellate re cor

d. F inally , th e tr ial c our

t sh all fi le the supplem ental clerk's record and the supplem ental repo rter's re cord w ith the C lerk of th is Court by Thursday, Novem ber 21, 2002. It is so ordered. Per Curiam4

Do not publish.