PER CURIAM

Appellant's brief was originally due September 8, 2003. The time for filing was extended twice on counsel's motion. On November 6, 2003, in granting the second motion, the Court ordered counsel, Mr. John S. Butler, to tender the brief for filing no later than December 8, 2003. Counsel did not comply with this order and the brief has not been received.

Butler was appointed to this appeal by the district court. That court is ordered to conduct a hearing to determine whether counsel has abandoned this appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If Butler 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 February 13, 2004. Rule 38.8(b)(3).

It is ordered January 16, 2004.

Before Justices Kidd, Puryear and Pemberton

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