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

O RDER OF A BATEMENT

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

Appellate case number: 01

- 1 8

- 00 9 48

- CR

Trial court case number: 1 7 4 87

Trial court: 21st District C our t of Washington County

The appellate record in this appeal w as originally due on January 1 7 , 201 9

. See

T EX

. R. A PP

. P. 34.1, 35.2(b). On January 22 , 201 9 , 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 T EX

. R. A PP

. P

. 35.3( a ). The Clerk further notified appel lant that unless he provided written evidence

that he ha d 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 T EX

. R. A PP

. P. 37.3( b ). N either 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,

201 9 . 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, a ppellant 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

T EX

. R. A PP

. P. 35.3(b), 37.3(c). Appellant has not responded to that not ice, 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 cou nsel 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 3 0 days of

the date of th e hearing , at n o 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 writt en wai ver 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 T EX

. C RIM

. P ROC

. A NN . art. 1.051(a), (c), (d)(1), (f), 26.04 ; T EX

. R. A PP

. 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 tria l 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

___