text: 
  
  Order filed August 31, 2012
   
                                                                         In The
                                                                                
    Eleventh
  Court of Appeals
                                                                     __________
   
                                                           No. 11-11-00231-CR 
                                                      __________
   
                                         JOHN
  POWELL, Appellant
   
                                                               V.
   
                                        STATE
  OF TEXAS, Appellee
  
   
                                On
  Appeal from the County Court at Law No. 2
   
                                                               Ector
  County, Texas
   
                                                      Trial
  Court Cause No. 10-4391
   
  
   
                                                                       O
  R D E R
   
              On
  August 2, 2011, the jury convicted appellant, John Powell, of the offense of
  evading arrest and assessed his punishment at a fine of $300.  This appeal has
  been unduly stalled due to the failure of appellant to file an appellate
  brief.  The brief was originally due on February 13, 2012.  On February 15, appellant
  filed his first pro se motion for an extension of time to file his brief, which
  this court granted.  On March 19, appellant filed his second pro se motion for
  extension, and the court granted appellant’s request to extend the due date to
  April 23.  On April 26, appellant filed his third pro se motion for extension. 
  In his third motion, appellant explained that he had retained an attorney but
  that the attorney had failed to prepare a brief.  Appellant requested
  additional time to hire another attorney to file the brief.  This court granted
  the motion, extending the due date to May 23, and informed appellant of the
  serious nature of the inordinate delay.  On May 23, this court received pro se
  correspondence from appellant regarding the trouble with his retained
  attorney.  We note that this court has not received any notice from an attorney
  indicating that counsel has been retained by appellant to prosecute this
  appeal.  This court granted a fourth extension of time to file the brief and
  informed appellant that the brief, “either pro se or by an attorney,” was due
  on or before June 22 and that we expected no further extensions.  We have not
  heard from appellant since his May 23 correspondence, and no brief has been
  filed.  Accordingly, 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[1];
  
  3.     
  If not indigent, whether appellant has retained counsel; 
  4.     
  Whether retained counsel, if any, has abandoned the appeal; and
  5.      Whether
  appellant has made the necessary arrangements for filing a brief. 
  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. 
  
  
  
  
  [1]We note that the trial court has
  previously determined that appellant is not indigent.
  
  
  