Abatement Order filed October 30, 2014 

In The

Fourteenth Court of Appeals

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NO. 14-14-00179-CR

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MATTHEW JOSEPH OLIVEIRA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 7

Harris County, Texas

Trial Court Cause No. 1934280

ABATEMENT ORDER

Appellant is not represented by counsel. No reporter’s record or brief has 

been filed. The trial court has previously determined that appellant is not indigent 

for purposes of a free record. Rule 38.8 provides that we will not dismiss or 

consider the appeal without a reporter’s record or brief unless it is shown the 

appellant no longer desires to prosecute his appeal or that he is not indigent and has 

failed to make necessary arrangements for filing a brief. Tex. R. App. P. 38.8. 
On September 23, 2014, this court ordered appellant to file a brief on or 

before October 23, 2014. No brief was filed. Accordingly, we issue the following 

order:

Pursuant to Tex. R. App. P. 38.8(b) (a copy of which is attached) the judge 

of the County Criminal Court at Law No. 7 shall (1) immediately conduct a 

hearing, at which appellant, appellant’s counsel, and state’s counsel shall 

participate, either in person or by video teleconference, to determine (a) whether 

appellant desires to prosecute his appeal; (b) whether appellant is indigent; (c) if 

not indigent, whether appellant has abandoned the appeal or whether appellant has 

failed to make necessary arrangements for filing a brief; (d) the reason for the 

failure to file a brief; (e) if appellant desires to continue the appeal, a date certain 

when appellant’s brief will be filed; and (2) prepare a record, in the form of a 

reporter’s record, of the hearing. If appellant is indigent, the judge shall take such 

measures as may be necessary to assure effective representation of counsel, which 

may include the appointment of new counsel. The judge shall see that a record of 

the hearing is made, shall make findings of fact and conclusions of law, and shall 

order the trial clerk to forward a transcribed record of the hearing, a videotape or 

compact disc, if any, containing a recording of the video teleconference, and a 

supplemental clerk’s record containing the findings and conclusions. Those 

records shall be filed with the clerk of this court on or before December 1, 2014.

The appeal is abated, treated as a closed case, and removed from this Court’s 

active docket. The appeal will be reinstated on this Court’s active docket when the 

trial court’s findings and recommendations are filed in this Court. The Court will 

also consider an appropriate motion to reinstate the appeal filed by either party, or 

the Court may reinstate the appeal on its own motion. It is the responsibility of any 

party seeking reinstatement to request a hearing date from the trial court and to 
schedule a hearing in compliance with this Court’s order. If the parties do not 

request a hearing, the court coordinator of the trial court shall set a hearing date 

and notify the parties of such date.

PER CURIAM
RULE 38. REQUISITES OF BRIEFS

Tex. R. App. P. 38.8. Failure of Appellant to File Brief. 

(b) Criminal Cases.

(1) Effect. An appellant's failure to timely file a brief does not 

authorize either dismissal of the appeal or, except as provided in (4), consideration 

of the appeal without briefs.

(2) Notice. If the appellant's brief is not timely filed, the appellate 

clerk must notify counsel for the parties and the trial court of that fact. If the 

appellate court does not receive a satisfactory response within ten days, the court 

must order the trial court to immediately conduct a hearing to determine whether 

the appellant desires to prosecute his appeal, whether the appellant is indigent, or, 

if not indigent, whether retained counsel has abandoned the appeal, and to make 

appropriate findings and recommendations.

(3) Hearing. In accordance with (2), the trial court must conduct any 

necessary hearings, make appropriate findings and recommendations, and have a 

record of the proceedings prepared, which record -- including any order and 

findings -- must be sent to the appellate court.

(4) Appellate Court Action. Based on the trial court's record, the 

appellate court may act appropriately to ensure that the appellant's rights are 

protected, including initiating contempt proceedings against appellant's counsel. If 

the trial court has found that the appellant no longer desires to prosecute the 

appeal, or that the appellant is not indigent but has not made the necessary 
arrangements for filing a brief, the appellate court may consider the appeal without 

briefs, as justice may require.