1 C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Johnny Diaz v. The State of Texas

Appellate case number: 01

- 1 8

- 00 636

- CR

Trial court case number: 1442380

Trial court: 1 78th District Court of Harris County

The complete record has been filed in the above

- referenced appeal. Appellant’s appointed counsel, Natalie L. Schultz , has not filed a brief on appellant’s behalf. On April 25, 2019 , the Clerk of the Court notified appella nt that if a brief was not filed by May 15, 2019, the case will be abated. See T EX

. R. A PP . P. 38.8(b)(2). Appellant did not respond

to our notice.

We therefore abate the appeal and remand for the trial court to immediately conduct a hearing at which a representative of the Harris County District Attorney’s Office and appellant’s counsel, Natalie L. Schultz , shall be present. T EX

. R. A PP

. P. 38.8(b)(2). Appellant shall also be present for the hearing in person or, if appellant is incarcerated, at

the t rial court’s discretion, appellant may participate in the hearing by closed

- circuit video teleconferencing. 1

The trial court is directed to:

(1) determine whether appellant wishes to prosecute the appeal;

1 Any such teleconference must use a closed

- circuit video teleconferencing system that provides for a simultaneous compressed full motion video and interactive communication of image and sound between the trial court, appellant, and any attorneys representing the State or appellant. On request of appellant, appellant and his counsel shall be able to communicate privately without being recorded or heard by the trial court or the attorney representing the State.2

(2) if appellant does wish to prosecute the appeal, determine whether good cause

exists to relieve Natalie L. Schultz of h er duties as appellant’s counsel; (3) if good cause exists, enter a written orde r relieving Natalie L. Schultz of h er duties as appellant’s counsel, including in the order the basis for and finding of good cause, and appoint substitute appellate counsel at no expense to appellant; (4) if good cause does not exist, set a date certain when appellant’s brief is due, regardless of whether this Court has yet reinstated the appeal and no later than 30 days from the date of the hearing; (5) make any other findings and recommendations the trial court deems appropriate; and (6) enter written findings of fa ct, conclusions of law, and recommendations as to these issues, separate and apart from any docket sheet notations.

See T EX

. C ODE C RIM

. P ROC

. art. 1.051(a), (c), (d)(1), 26.04(j)(2); T EX

. R. A PP

. P. 38.8(b).

The trial court shall have a court reporter record the hearing and file the reporter’s record with this Court within 40 days of the date of this order. The trial court clerk is directed to file a supplemental clerk’s record containing the trial court’s findings and

recommendations with thi s Court within 40 days of the date of this order

. If the hearing is conducted by video teleconference, a certified video recording of the hearing shall also be filed in this Court within 40 days of the date of this order.

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 supplemental clerk’s record and the reporter’s record of the hearing are filed in this Court. The court

coordinator of the trial court shall set a hearing date and notify the parties and the Clerk of

this Court of such date.

It is so ORDERED.

Judge’s signature:

___

/s/ Sherry Radack

____  Acting individually  Acting for the Court

Date: __ Aug ust 13, 2019

__