PER CURIAM

Appellant's brief was originally due April 21, 2004. The time for filing was extended three times on counsel's motion. On July 7, 2004, in granting the third motion, the Court ordered counsel, Mr. Walter C. Prentice, to tender the brief for filing no later than July 23, 2004. Counsel did not comply with this order and the brief has not been received.

Counsel was appointed to this appeal by the district court. That court is ordered to conduct a hearing to determine whether counsel has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If 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 for filing as a supplemental record no later than September 27, 2004. Rule 38.8(b)(3).

It is ordered September 7, 2004.

Before Chief Justice Law, Justices Patterson and Puryear

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