PER CURIAM

Based on the findings and conclusions signed by the district court on November 29, 2004, appellant's counsel, Mr. David S. Barron, is ordered to tender a brief on appellant's behalf no later than January 14, 2005. If counsel does not comply with this order, the district court will be instructed to appoint substitute counsel.

It is ordered December 9, 2004.

Before Justices Kidd, B. A. Smith and Pemberton

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