TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 3012223, HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING
PER CURIAM
Appellant's brief was originally due December 15, 2003. Appellant's appointed attorney, Mr. Walter C. Prentice, twice moved for extensions of time for filing. These motions were granted, the second being to February 13, 2004. The brief has not been tendered for filing and counsel did not respond to the Court's notice that the brief is overdue.
The district court is ordered to conduct a hearing to determine whether counsel has abandoned this appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If present counsel is not prepared to prosecute this appeal in a timely fashion, the court shall appoint substitute counsel who will effectively represent appellant on appeal. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter's notes, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than April 1, 2004. Rule 38.8(b)(3).
It is ordered March 4, 2004.
Before Justices Kidd, B. A. Smith and Pemberton
Do Not Publish