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

O RDER

Appellate case name: Jenneese Patricia Banks v. The State of Texas

Appellate case number: 01

- 11

- 00766

- CR

Trial court case number: 1759292

Trial court: Co unty Crim inal C our t at Law No

. 14 of Harris County

Appellant has not filed a brief. On February 1, 2013 , we directed appellant to file a brief

no later than March 4, 2013

. See T EX

. R. A PP

. P. 37.3(c), 38.6. Appellant did not respond. On March 21, 2013, we notified appellant tha t a brief had not been filed, and we required a response within 10 days. See T EX

. R. A PP

. P. 38.8(b)(2). A ppellant’s retained counsel , Patrick Ngwolo,

filed a motion for extension of time to file a ppellant’s brief , stating that appellant has suf fered financial hardship and has been unable to pay counsel’s fee for the brief

. On April 2, 2013, we abated the appeal, p ursuant to Rule of Appellate Procedure 38.8(b)(2) , and remand ed the case to the trial court for a hearing to det ermine whether appellate

d esired to prosecute the appeal, whether she wa s indigent, and whether counsel should be appointed. See id. A hearing record was filed, in which the trial court found that appellant wishes to prosecute the appeal and is not indigent. We reinstated the ap peal and set appellant’s
brief due June 17, 2013.

On June 17, 2013, Counsel Ngwolo filed a motion for extension of time to file the brief, asserting that he has not been paid his fee to file the brief and st ating that appellant requests

another hearing reg arding her indigence status

. Also on June 17, 2013, however, appellant filed a pro se letter in this Court, asserting that she is not indigent, that she feels pressured by Counsel Ngwolo to “falsely claim” that she is indigent, and that she has paid Couns el Ngwolo.

Because a brief still has not been filed, we must again abate the appeal and remand the case to the trial court, pursuant to Rule 38.8(b)

. See T EX

. R. A PP

. P. 38.8(b)(2). We direct the trial court to conduct a hearing at which a representati ve of the Harris County District Attorney’s

Office

, C ounsel Ngwolo, and appellant shall be present

. 1 The trial court shall have a court

1 If appellant is incarcerated, at the trial court’s discretion, appellant may participate in the hearing by closed

- circuit video teleconference. Any such teleconference must use a close d

- circuit video

teleconference system that provides for a simultaneous compressed full motion video and interactive communication of image and sound between the trial court, appellant, and anyreporter record the hearing. The trial court i s directed to make findings and to issue orders as

appropriate on these issues:

(1) whether appellant has failed to make the necessary arrangements for filing a brief,

see T EX

. R. A PP

. P. 38.8(b)(4); or

(2) whether Counsel Ngwolo has abandoned the appeal by failing to file a brief on appellant’s behalf

, see T EX

. R. A PP

. P. 38.8(b)(2), and if so,

a. determine whether substitute counsel will be retained; and if so,

b. set a da te certain by which new counsel shall be retained, no later than 30 days from the date of the hearing; and

(3) set a date certain by which appellant’s brief wil l be filed , no later than 45 days from the date of the hearing and without regard to whether this Court has yet reinstated the appeal.

The trial court shall cause its findings and recommendations ( including the name, address, telephone number, and State Bar number of any substitute counsel )

, and the reporter’s record of the hearing to be filed in this Court no later than July 19 , 2013. See T EX

. R. A PP

. P

. 38.8(b) (3)

. If the hearing is conducted by video teleconference, a certified video recording of the hearing shall be filed in this Court no later than July 19 , 2013.

The appeal is abated, treated as a closed case, and removed from this Court’s active docket. The appe al will be reinstated on this Court’s active docket when clerk’s and reporter’s records that comply with th is order have been filed in this Court

. The trial court coordinator shall set a hearing date and notify the parties and the Clerk of this Court of s uch date

.

Appellant’s motion for extension of time to file a brief is d ismissed as moot

.

It is so ORDERED

.

Judge’s signature: /s/ Laura C. Higley

 Acting individually  Acting for the Court

Date: June 20, 2013

attorneys representing the State or appellant. On request of appellant, appellant and her counsel shall be able to communicate privately without being recorded or heard by the trial court or the attorney representing the State.