Abatement Order filed April 7, 2015 

In The

Fourteenth Court of Appeals

NO. 14-15-00045-CR

RENE RIVERA HERNANDEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 434th Judicial District Court

Fort Bend County, Texas

Trial Court Cause No. 11-DCR-056418

ABATEMENT ORDER

Appellant is represented by appointed counsel, Toni Lynn Thompson. On 

February 26, 2015, we ordered appellant’s brief filed on or before March 30, 

2015, or the appeal would be abated for a hearing in the trial court to determine the 

reason for the failure to file the brief. See Tex. R. App. P. 38.8(b)(2). No brief has 

been filed. Accordingly, we enter the following order.

Pursuant to Tex. R. App. P. 38.8(b) (a copy of which is attached) the judge 

of the 434th Judicial District Court shall (1) immediately conduct a hearing, at 

which appellant, appellant’s counsel, and state’s counsel shall participate, either in 

person or by video teleconference, to determine (a) whether appellant desires to 
prosecute his appeal; (b) whether appellant is indigent; (c) if not indigent, whether 

appellant has abandoned the appeal or whether appellant has failed to make 

necessary arrangements for filing a brief; (d) the reason for the failure to file a 

brief; (e) if appellant desires to continue the appeal, a date certain when appellant’s 

brief will be filed; and (2) prepare a record, in the form of a reporter’s record, of 

the hearing. If appellant is indigent, the judge shall take such measures as may be 

necessary to assure effective representation of counsel, which may include the 

appointment of new counsel. The judge shall see that a record of the hearing is 

made, shall make findings of fact and conclusions of law, and shall order the trial 

clerk to forward a transcribed record of the hearing, a videotape or compact disc, if 

any, containing a recording of the video teleconference, and a supplemental clerk’s 

record containing the findings and conclusions. Those records shall be filed with 

the clerk of this court within thirty 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 when the 

trial court’s findings and recommendations are filed in this Court. The Court will 

also consider an appropriate motion to reinstate the appeal filed by either party, or 

the Court may reinstate the appeal on its own motion. It is the responsibility of any 

party seeking reinstatement to request a hearing date from the trial court and to 

schedule a hearing in compliance with this Court’s order. If the parties do not 

request a hearing, the court coordinator of the trial court shall set a hearing date 

and notify the parties of such date.

PER CURIAM
RULE 38. REQUISITES OF BRIEFS

Tex. R. App. P. 38.8. Failure of Appellant to File Brief. 

(b) Criminal Cases.

(1) Effect. An appellant=s failure to timely file a brief does not 

authorize either dismissal of the appeal or, except as provided in (4), consideration 

of the appeal without briefs.

(2) Notice. If the appellant=s brief is not timely filed, the appellate 

clerk must notify counsel for the parties and the trial court of that fact. If the 

appellate court does not receive a satisfactory response within ten days, the court 

must order the trial court to immediately conduct a hearing to determine whether 

the appellant desires to prosecute his appeal, whether the appellant is indigent, or, 

if not indigent, whether retained counsel has abandoned the appeal, and to make 

appropriate findings and recommendations.

(3) Hearing. In accordance with (2), the trial court must conduct any 

necessary hearings, make appropriate findings and recommendations, and have a 

record of the proceedings prepared, which recordCincluding any order and 

findingsCmust be sent to the appellate court.

(4) Appellate Court Action. Based on the trial court=s record, the 

appellate court may act appropriately to ensure that the appellant=s rights are 

protected, including initiating contempt proceedings against appellant=s counsel. If 

the trial court has found that the appellant no longer desires to prosecute the 

appeal, or that the appellant is not indigent but has not made the necessary 

arrangements for filing a brief, the appellate court may consider the appeal without 

briefs, as justice may require.