COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Antonio Fidel Garcia v. The State of Texas

Appellate case number: 01-18-00378-CR

Trial court case number: 1527904

Trial court: 185th District Court of Harris County

Appellant’s brief was originally due on October 31, 2018. The court issued a notice that 

the brief was overdue and that the court might remand the cause to the trial court for a hearing 

unless appellant filed a response by November 16, 2018. No response was filed.

Pursuant to Rule 38.8, we abate this appeal and remand the case to the trial court for a 

hearing. See TEX. R. APP. P. 38.8(b)(2)–(3). We direct the trial court to conduct a hearing at which 

a representative of the Harris County District Attorney’s Office, retained attorney Mark Taboada, 

and appellant shall be present.* The trial court shall have a court reporter record the hearing. The 

trial court is directed to make appropriate findings on these issues:

(1) whether appellant wishes to prosecute this appeal; and, if so,

(2) whether retained counsel Taboada has abandoned the appeal by failing to timely file 

briefs on appellant’s behalf; 

(3) and, if so, whether appellant is presently

(a) indigent, in which case the trial court should appoint new appellate counsel at no 

expense to appellant and establish a date by which counsel will file a brief, no 

later than 30 days from the appointment; or

(b) not indigent, in which case the trial court should establish a date by which 

appellant shall retain new counsel;

 

* If appellant is incarcerated, at the trial court’s discretion, appellant may participate in the hearing 

by closed-circuit video teleconferencing. 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 his counsel shall be able 

to communicate privately without being recorded or heard by the trial court or the attorney 

representing the State.
(4) or, if appointed counsel Schultz has not abandoned the appeals, make appropriate 

findings and recommendations regarding the reason that counsel has failed to file a 

brief and establish a date by which counsel will file appellant’s brief, no later than 15

days from the date of the hearing. 

TEX. CODE CRIM. PROC. arts. 1.051(d), 26.04; TEX. R. APP. P. 38.8(b)(2), (3), (4).

The trial court shall cause a supplemental clerk’s record containing its findings and 

recommendations, including the name, address, telephone number, and State Bar number of any 

substitute counsel, and the reporter’s record of the hearing to be filed in this Court no later than

February 8, 2019. If the hearing is conducted by video teleconference, a certified video recording 

of the hearing shall be filed in this Court no later than February 8, 2019. 

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 a supplemental clerk’s record that 

complies with this order, and the reporter’s record of the hearing, have been filed in this Court. 

The trial court coordinator 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/ Peter Kelly_________________________

 Acting individually  Acting for the Court

Date: ___January 7, 2019____