Before BOYD, C.J, QUINN, REAVIS and JOHNSON, J.J.

Reshawn L. Johnson, (Johnson), a current inmate with the Texas Department of Criminal Justice (TDCJ), filed a notice of appeal on February 21, 2002. However, Johnson did not pay the $125 filling fee required from appellants pursuant to Texas Rule of Appellate Procedure 5. Nor did he (at the time he noticed his appeal) file an affidavit pursuant to Texas Rule of Appellate Procedure 20.1 relieving him of his duty to do so. By letter from this Court dated February 25, 2002, we informed appellant that "[u]nless the filing fee in the amount of $125.00 is paid . . . [his] appeal will be subject to dismissal. Tex.

R. App. P. 42.3(c); See Holt v. F. F. Enterprises, 990 S.W.2d 756 (Tex. App.--Amarillo 1998, pet. ref'd.).

In apparent response to our February letter, the court received from Johnson a document entitled Affidavit of Indigency In Lieu of Cost Bond, wherein he represented that he was an indigent. Yet, the affidavit does not comport with the requirements of an affidavit of indigence specified under Texas Rule of Appellate Procedure 20.1(b). Nor was it filed within the deadlines set by Texas Rule of Appellate Procedure 20.1(c)(1) (establishing the deadline by which one must request leave to proceed as a pauper) and 20.1(c)(3) (establishing the deadline by which one must seek leave to extend the deadline contemplated under 20.1(c)(1)). Nor was it accompanied by any motion for leave to extend either of those deadlines. Thus, we conclude that appellant's Affidavit of Indigency is ineffective to relieve him from his obligation to pay the aforementioned filing fee.

Due to appellant's failure to pay the filing fee, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3 (c).

Per Curiam

Do not publish.

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Consequently, we abate the appeal and remand the cause to the 140th District Court of Lubbock County (trial court) for further proceedings. Upon remand, the trial court shall immediately cause notice of a hearing to be given and thereafter, conduct a hearing to determine the following:

1. whether appellant desires to prosecute the appeal;

• whether appellant has been denied the effective assistance of counsel due to appellate counsel's failure to timely file an appellate brief. See Evitts v. Lucey, 469 U.S. 387, 394, 105 S. Ct. 830, 834-35, 83 L. Ed. 2d 821, 828 (1985) (holding that indigent defendant is entitled to the effective assistance of counsel on the first appeal as a matter of right and that counsel must be available to assist in preparing and submitting an appellate brief).
  
  

Tex. R. App. P. 38.8(b)(2).

We further direct the trial court to issue findings of fact and conclusions of law addressing the foregoing subjects. Should the trial court find that appellant desires to pursue this appeal and has been denied effective assistance of counsel, then we further direct the court to appoint new counsel to assist in the prosecution of the appeal. The name, address, phone number, fax number and state bar number of the new counsel who will represent appellant on appeal must also be included in the court's findings of fact and conclusions of law. Furthermore, the trial court shall also cause to be developed (1) a supplemental clerk's record containing the findings of fact and conclusions of law and (2) a supplemental reporter's record transcribing the evidence and argument presented at the hearing. Tex. R. App. P. 38.8(b)(3). Additionally, the trial court shall cause the supplemental clerk's record and the supplemental reporter's record to be filed with the clerk of this court on or before March 25, 2005. Should additional time be needed to perform these tasks, the trial court may request additional time before March 25, 2005.

Per Curiam

Do not publish.