COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: Michael Dixon v. The State of Texas

Appellate case number: 01-18-00948-CR

Trial court case number: 17487

Trial court: 21st District Court of Washington County

The appellate record in this appeal was originally due on January 17, 2019. See 

TEX. R. APP. P. 34.1, 35.2(b). On January 22, 2019, the Clerk of this Court notified 

appellant that the trial court clerk had informed the Court that appellant had not made 

payment arrangements for preparation and filing of the clerk’s record.1 See TEX. R. APP.

P. 35.3(a). The Clerk further notified appellant that unless he provided written evidence 

that he had paid, or made arrangements to pay, for the clerk’s record, or provided proof 

that he is entitled to proceed without payment of costs, the Court might dismiss the 

appeal for want of prosecution. See TEX. R. APP. P. 37.3(b). Neither appellant nor his 

counsel responded. And, a clerk’s record has not been filed in this appeal.

It appears that appellant’s counsel, Scottie Allen, has been placed on active 

suspension from the practice of law for a period of six months beginning on April 1, 

2019. Therefore, appellant currently is not represented by counsel in this appeal. 

Accordingly, we abate the appeal and remand the cause to the trial court to 

conduct a hearing at which a representative of the Washington County District Attorney’s 

Office shall be present. See Martinez v. State, 534 S.W.2d 693, 694 (Tex. Crim. App. 

1976). 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 use 

of a closed-circuit video teleconferencing system.

 

1 On January 22, 2019, the Clerk of this Court also sent notice to appellant regarding the 

failure to pay, or make arrangements to pay, for preparation of the reporter’s record. See 

TEX. R. APP. P. 35.3(b), 37.3(c). Appellant has not responded to that notice, and a 

reporter’s record has not been filed.
We direct the trial court to:

1) Determine whether appellant still wishes to pursue this appeal;

2) Determine whether appellant is now indigent, and 

a. if appellant is indigent, (i) appoint substitute appellate counsel at no cost 

to appellant and (ii) order the trial court clerk and court reporter to file 

the clerk’s record and reporter’s record in this case within 30 days of 

the date of the hearing, at no cost to appellant;

b. if appellant is not indigent, admonish appellant regarding the dangers 

and disadvantages of self-representation, and:

i. determine whether appellant is knowingly and intelligently waiving 

his right to counsel and (A) if so, obtain a written waiver of the right 

to counsel, or (B) if appellant does not wish to proceed pro se, 

provide a deadline of no more than 20 days from the date of the 

hearing by which appellant must hire substitute counsel; and

ii. provide a deadline of no more than 30 days from the date of the 

hearing by which appellant must provide written evidence

demonstrating payment of the clerk’s record and reporter’s record 

and further notify appellant that failure to provide such evidence 

may result in dismissal of his appeal for want of prosecution or 

consideration of his appeal without a reporter’s record; and

3) Make any other findings and recommendations the trial court deems 

appropriate.

See TEX. CRIM. PROC. ANN. art. 1.051(a), (c), (d)(1), (f), 26.04; TEX. R. APP. P. 20.2; see 

generally Gonzalez v. State, 117 S.W.3d 831, 837 (Tex. Crim. App. 2003) (explaining

other factors relating to fair and orderly administration of justice may overcome 

presumption in favor of right to choice of counsel).

The trial court clerk is directed to file a supplemental clerk’s record containing 

trial court’s findings and recommendations and any orders issued pursuant to the hearing 

with this Court no later than 30 days from the date of this order. The court reporter is 

directed to file a reporter’s record of the hearing and file the reporter’s record no later 

than 30 days from the date of this order. 

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

active docket. 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/ Russell Lloyd

  Acting individually  Acting for the Court

Date: __April 30, 2019___