COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: Allen Keith Alexander v. The State of Texas

Appellate case number: 01-18-00959-CR

Trial court case number: 1511205

Trial court: 337th District Court of Harris County

On August 13, 2018, appellant, Allen Keith Alexander, pleaded guilty to the firstdegree felony offense of aggravated sexual assault of a child—under fourteen years of age, 

without an agreed punishment recommendation, pending a presentence investigation 

(“PSI”) hearing. See TEX. PENAL CODE ANN. § 22.021(a)(1)(B)(i), (2)(B), (e) (West 2011). 

The trial court certified on August 13, 2018, that this was not a plea-bargain case, and that 

appellant had the right to appeal. See TEX. R. APP. P. 25.2(a)(2). At the PSI hearing on 

October 18, 2018, the trial court adjudicated appellant guilty and assessed his punishment 

at thirty-five years’ confinement. See TEX. PENAL CODE ANN. § 12.32(a) (West 2011). On 

October 18, 2018, appellant timely filed a notice of appeal, and the trial court appointed 

Angela L. Cameron of the Harris County Public Defender’s Office as appellant’s appellate 

counsel. See TEX. R. APP. P. 26.2(a)(1).

On December 18, 2018, the appellate records were completed after the filing of the 

reporter’s record, after the clerk’s record was filed on December 17, 2018, and appellant’s 

brief was due by January 17, 2019. See TEX. R. APP. P. 38.6(a). Because appellant did not 

timely file a brief, the Clerk of this Court’s February 15, 2019 late-brief notice notified

appellant’s appointed counsel, Angela L. Cameron, that this case might be abated for a 

hearing pursuant to Rule of Appellate Procedure 38.8(b)(2), if either the brief or an 

extension motion were not filed within ten days of that notice. Appellant’s counsel failed 

to timely respond.

Accordingly, the Court sua sponte abatesthis appeal and remandsfor the trial court 

to immediately conduct a hearing at which a representative of the Harris County District 

Attorney’s Office and appellant’s counsel, Angela L. Cameron, shall be present. TEX. R.

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

closed-circuit video teleconferencing.1

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 this appeal;

(2) if appellant does wish to prosecute this appeal, determine whether counsel 

Angela L. Cameron Booker has abandoned this appeal;

(3) if counsel Angela L. Cameron has not abandoned this appeal:

a. inquire of counsel the reasons, if any, that she has failed to file a brief

timely on appellant’s behalf; and

b. set a date certain when appellant’s brief will be due, regardless of 

whether this Court has yet reinstated this appeal and no later than 30 

days from the date of the hearing;

(4) if Angela L. Cameron has abandoned this appeal, enter a written order relieving 

Angela L. Cameron of her 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 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 to counsel and, if so, obtain a written waiver of 

the right to counsel and set a date certain when appellant’s brief is 

due in each case, regardless of whether this Court has yet 

reinstated this appeal and no later than 30 days from the date of 

the hearing; or,

ii. if appellant 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.

 

1 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 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.
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See TEX. CODE CRIM. PROC. ANN. art. 1.051(a), (d)(1), (f) (West 2005); TEX. R. APP. 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); cf. TEX. CODE CRIM. PROC. ANN. art. 

1.051(g) (requiring trial court to advise defendant of dangers and disadvantages of selfrepresentation 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 court coordinator of the trial court shall set a hearing date no later than 30 days 

from the date of this order and notify the parties and the Clerk of this Court of such date. 

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

court’s findings and recommendations with this Court within 10 days of the date of the 

hearing. The court reporter is directed to file the reporter’s record of the hearing within 

10 days of the date of the hearing. If the hearing is conducted by video teleconference, a 

certified video recording of the hearing shall also be filed in this Court within 10 days of 

the date of this hearing.

If Angela L. Cameron files an extension motion and brief on appellant’s behalf in 

this Court and a copy of such brief in the trial court, and her brief complies with Texas 

Rule of Appellate Procedure 38.1, no later than 10 days from the date of this order, 

together with a motion requesting that this Court withdraw this Order of Abatement, this 

Court may reconsider and withdraw this Order of Abatement and reinstate this appeal.

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

docket. This appeal will be reinstated on this Court’s active docket when the supplemental 

clerk’s record and the reporter’s record, if any, are filed in this Court.

It is so ORDERED.

Judge’s signature: ___/s/ Evelyn V. Keyes______

 x Acting individually Acting for the Court

Date: __March 5, 2019___