Order filed August 31, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-11-00287-CR

                                                    __________

                              GILBERTO HERNANDEZ, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 33rd District Court

                                                           Burnet County, Texas

                                                      Trial Court Cause No. 38870

                                                                     O R D E R

            On June 17, 2011, the jury convicted appellant, Gilberto Hernandez, of eight offenses: aggravated sexual assault—two counts, burglary of a habitation with intent to commit another felony, aggravated robbery—two counts, injury to the elderly, and aggravated assault—two counts.  Attorney A. Travis Williams, one of appellant’s counsel at trial, filed a notice of appeal on appellant’s behalf and also filed in this court a motion for extension of time to file the notice of appeal.  See Tex. R. App. P. 6.  This court granted the extension.  This appeal has been recently stalled due to the failure of counsel to file an appellate brief.  The brief was originally due on May 30, 2012.  On June 11, this court wrote appellant’s counsel of record in this court, Williams, and informed him that the brief had not been filed and that the court, on its own motion, had granted an extension to July 11, 2012.  On August 14, 2012, this court received notice of a January 2012 order from the trial court permitting Gary Prust to be substituted as counsel in this case for Richard D. Davis.  We have not received appellant’s brief, nor have we received any request for an extension of time to file appellant’s brief.  Furthermore, we note that we have received no correspondence from any attorney since the motion for extension of time to file the notice of appeal was filed in this court on September 21, 2011, by attorney Williams. 

We abate the appeal and remand the cause to the trial court so that it may conduct a hearing pursuant to Tex. R. App. P. 38.8(b).  The trial court is instructed to conduct a hearing to determine the following:

1.      Whether appellant desires to prosecute his appeal;

2.      Whether appellant is indigent;

3.      If not indigent, whether appellant has retained counsel;

4.      Whether counsel has abandoned the appeal; and

5.      Whether new counsel should be appointed for appeal.

The trial court is directed to make appropriate findings and recommendations pursuant to Rule 38.8(b).  The trial court clerk is directed to prepare and forward to this court a supplemental clerk’s record containing the findings, recommendations, and any orders of the trial court.  The court reporter is directed to prepare and forward to this court the reporter’s record from the hearing.  The supplemental records are due to be filed in this court on or before October 1, 2012.

            The appeal is abated.

                                                                                                            PER CURIAM

August 31, 2012

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Kalenak, J.