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

O RDER

Appellate case name: John Laurie Bush, Jr. v. The State of Texas

Appellate case number: 01

- 1 8

- 00 357

- CR

Trial court case number: 221956

Trial court: County Court at Law No. 1 of Fort Bend County

The clerk’s record was filed on May 21, 2018. Because appellant did not pay for the reporter’s record, we notified appellant on January 24, 2019 that we would consider and decide the issues or points that do not require a reporter’s reco rd for a decision. We thus ordered appellant’s brief to be filed by February 25, 2019. On March 13, 2019, we notified appellant that this case would be abated for a hearing pursuant to Texas Rule of Appellate Procedure 38.8(b) if a motion for extension a long with appellant’s brief was not filed within 10 days

. Nevertheless, appellant’s counsel, Jeff Purvis , has not filed a brief on appellant’s behalf.

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

. R. A PP . 38.8(b)(2). Appellant shall also be present for the hearing in person or, if appellant is incarcerated, at the trial court’s discretion, appellant may participate in the hearing by closed

- circuit video teleconferencing. 1

1 Any such teleconference must use a clos ed

- 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 o f 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.The trial court shall have a court reporter record the hearing. The trial court is

directed to:

(1) make a finding on whether appellant wishes to prosecute the appeal; (2) if appellant does wish to prosecute the appeal, determine whether counsel Jeff

Purvis has abandoned the appeal; (3) if counsel Jeff Purvis has not abandoned the appeal:

a. inquire of counsel the reasons, if any, that he has failed to file a brief on appellant’s behalf; and

b. 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; (4) if Jeff Purvis has abandoned this appeal, enter a written order relieving Jeff

Purvis of his duties as appellant’s counsel, including in the order the basis for the finding of abandonment, determine whether appellant is indigent, and:

a. if appellant is now indigent , appoint substitute appellate counsel at no expense to appellant;

b. if appellant is not indigent, admonish appellant of the dangers and disadvantages of self

- representation, and:

i. determine whether appellant is knowingly and intelligently waiving his right t o counsel and, if so, obtain a written waiver of the right to counsel and 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; or,

ii. if appell ant does not wish to proceed pro se, provide a deadline by which appellant must hire an attorney; (5) make any other findings and recommendations the trial court deems appropriate; and (6) enter written findings of fact, 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

. A NN . art. 1.051(a), (d)(1), (f); T EX

. R. A PP

. P. 38.8(b);
Gonzalez v. State , 117 S.W.3d 831, 837 (Tex. Crim. App. 2003) (stating that presumption in favor of right to choice of counsel may be overridden by other factors relating to fair and orderly administration of justice); Webb v. State , 533 S.W.2d 780, 784, 785 (Tex. Crim. Ap p. 1976) (stating that criminal defendant may not manipulate right to choose counsel so as to interfere with fair administration of justice; “The trial court should therefore admonish an accused who desires to represent himself regarding the wisdom and pra ctical consequences of that choice.”); Carter v. State , No. 01

- 95

- 00977

- CR, 1997 WL 184385, *1 (Tex. App.

— Houston [1st Dist.] April 17, 1997, pet. ref’d) (not designated for publication) (“Thus, the public interest in the fair and orderly administration of justice may be greater than an accused’s right to have counsel of his own choice.”); cf

. T EX

. C ODE
C RIM

. P ROC

. A NN . art. 1.051(g) (requiring trial court to advise defendant of dangers anddisadvantages of self

- representation prior to proceeding to trial), 26.04(j)(2) (authorizing

trial court to order appointed counsel to withdraw after finding of good cause is entered on record).

The trial court clerk is directed to file a supplemental clerk’s record containing the trial court’s findings and recommendatio ns with this Court within 30 days of the date of this order. The court reporter is directed to file the reporter’s record of the hearing within 30 days of the date of this order. If the hearing is conducted by video teleconference, a

certified video reco rding of the hearing shall also be filed in this Court within 30 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 wh en the supplemental clerk’s record and the reporter’s record 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:

__ Chief Justice Sherry Radack

____

 Acting individually  Acting for the Court

Date: _ April 30, 2019

__