COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Robert Chayenne Alvarez v. The State of Texas

Appellate case number: 01-16-00407-CR

Trial court case number: 1441389

Trial court: 232nd District Court of Harris County

The trial court found appellant was not indigent, and trial defense counsel advised that he 

would handle the appeal. Sometime thereafter, appellant retained Nicole DeBorde as counsel for 

filing a motion for new trial. DeBorde states appellant was unable to retain her for the appeal. 

Accordingly, she filed a motion to withdraw. See TEX. R. APP. P. 6.5(a). No response was 

received within 10 days.

The court reporter has advised that appellant has not made payment arrangements for the 

filing of the reporter’s record. 

We grant the motion to withdraw. We further abate this appeal and remand the case to the 

trial court for a hearing at which appellant shall be present in person. The court coordinator of 

the trial court shall set a date for the hearing and notify the parties, including appellant. If 

appellant is now incarcerated, he may appear by closed video teleconference. We direct the trial 

court to make appropriate written findings of fact and conclusions of law and to execute any 

necessary orders on these issues:

1) Whether appellant still wishes to pursue this appeal;

2) If so, whether appellant is now indigent and entitled to appointed counsel; and, if 

indigent,

a. appoint counsel on appeal, and

b. order the court reporter to file the reporter’s record with this Court at no 

cost to appellant;

 

 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, 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.
3) If appellant is not indigent: 

a. whether he has retained an attorney other than Nicole DeBorde to file a 

brief, and, if so, obtain the name, address, and telephone number of 

retained counsel;

b. if appellant has not retained counsel, the trial court shall admonish 

appellant of the dangers and disadvantages of self-representation, and 

i. determine whether appellant is knowingly and intelligently 

waiving his right to counsel; or,

ii. if appellant does not wish to proceed pro se, provide a deadline by 

which appellant must hire an attorney.

See TEX. CODE CRIM. PROC. ANN. art. 1.051(a), (f); Oliver v. State, 872 S.W.2d 713, 716 (Tex. 

Crim. App. 1994) (en banc); Minjares v. State, 577 S.W.2d 222, 224 (Tex. Crim. App. 1978); cf.

TEX. CODE CRIM. PROC. ANN. art. 1.051(g).

The trial court shall have a court reporter, or court recorder, record the hearing and file 

the reporter’s record with the Court no later than December 12, 2016. Additionally, the trial 

court’s findings and recommendations and any orders issued pursuant to this hearing shall be 

included in a supplemental clerk’s record and filed in this Court no later than December 12, 

2016. If the hearing is conducted by video teleconference, a certified electronic copy of the 

hearing shall be filed in this Court no later than December 12, 2016.

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 reporter’s record of the hearing are filed in this Court. 

It is so ORDERED.

Judge’s signature: /s/Michael Massengale

 Acting individually 

Date: November 29, 2016