PER CURIAM

Appellant's brief on appeal was due October 8, 2003. No brief has been filed on appellant's behalf, and appointed counsel did not respond to the notice that the brief is overdue.

Appellant's counsel, Mr. John R. Duer, is ordered to file a brief in appellant's behalf no later than December 29, 2003. If counsel does not comply with this order, the district court will be instructed to appoint substitute counsel to represent appellant on this appeal.

It is ordered December 1, 2003.

Before Justices Kidd, Patterson and Puryear

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