PER CURIAM

Appellant's brief was due February 25, 2004. Appellant's appointed counsel of record, Mr. Leonard Martinez, did not respond to this Court's notice that the brief was overdue. Therefore, on April 22, 2004, this Court ordered the district court to conduct a hearing to determine if counsel has abandoned the appeal. Tex. R. App. P. 38.8(b)(2).

Martinez has now filed a motion to substitute counsel on appeal. In the motion, Martinez states that after he perfected the appeal on appellant's behalf, Mr. Skip Davis was appointed to represent Segura in this appeal. This Court was never advised of Davis's appointment. The motion to substitute counsel is dismissed.

The order dated April 22, 2004, is withdrawn. The district court is instructed to identify the attorney who has been appointed to represent appellant in this appeal. Upon receiving this information, the Court will designate that attorney as counsel of record. The district court shall also conduct a hearing to determine whether the attorney appointed to represent appellant has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If appellant's 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 May 21, 2004. Rule 38.8(b)(3).

It is ordered April 30, 2004.

Before Justices Kidd, B. A. Smith and Pemberton

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