COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: Adriana Tamez v. The State of Texas

Appellate case number: 01-14-00814-CR

Trial court case number: 1404499

Trial court: 174th District Court of Harris County

August 25, 2014, appellant, Adriana Tamez, was convicted of the felony offense of 

burglary of habitation with intent to commit theft. Appellant, acting pro se, filed her notice of 

appeal on September 23, 2014. See TEX. R. APP. P. 26.2. The record was due on October 24, 

2014. See TEX. R. APP. P. 35.2(a). The clerk’s record was filed on October 22, 2014 and the 

reporter’s record has not been filed. On November 5, 2014, the court reporter responsible for 

preparing the record in this appeal informed the Court that appellant had not requested 

preparation of the record or had not made arrangements to pay for the reporter’s record.

Although appellant was represented by appointed counsel in the trial court, counsel did 

not sign the notice of appeal for appellant (who signed the notice herself), thereby suggesting 

that counsel does not intend to represent appellant on appeal. Nevertheless, appointed counsel 

continues to represent appellant because counsel has not been discharged by the trial court and 

the appeal has not been exhausted. See TEX. CODE CRIM. PROC. ANN. art. 26.04(j)(2) (West 

Supp. 2014) (providing that appointed counsel shall “represent the defendant until charges are 

dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is permitted or 

ordered by the court to withdraw as counsel for the defendant after a finding of good cause is 

entered on the record.”). Neither a motion to withdraw as counsel nor an order granting such 

withdrawal appears in the record. Therefore, the record is unclear as to whom, if anyone, 

represents appellant on appeal.

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

hearing at which a representative of the Harris County District Attorney’s Office and appellant’s 

appointed trial counsel, Steven Greenlee, shall be present. At the trial court’s discretion, 

appellant may be present for the hearing in person or by closed-circuit video teleconferencing.

We direct the trial court to:

1) Determine whether appellant still wishes to pursue this appeal;
2) Determine whether appellant’s appointed trial counsel, Steven Greenlee, intends 

to represent appellant on appeal; and, if not, whether to allow counsel to 

withdraw;

3) Determine whether appellant is now indigent, and if appellant is indigent:

a. appoint appellate counsel at no expense to appellant if appellant’s appointed 

trial counsel is allowed to withdraw;

b. order the court reporter to file the reporter’s record in this case within 25 days 

of the date of this order, at no cost to appellant;

4) If appellant is not indigent, admonish appellant regarding the dangers and 

disadvantages of self-representation, and:

a. determine whether appellant is knowingly and intelligently waiving her right 

to counsel and, 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 by which 

appellant must hire an attorney;

5) Enter written findings of fact, conclusions of law, and recommendations as to 

these issues, separate and apart from any docket sheet notations; and

6) Make any other findings and recommendations the trial court deems appropriate.

See TEX. CODE CRIM. PROC. ANN. art. 1.051(a), (c), (d)(1), (f), 26.04 (West Supp. 2014); TEX. R.

APP. P. 38.8(b).

The trial court shall have a court reporter record the hearing and file a supplemental 

reporter’s record with this Court within 25 days of the date of this order. 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 25 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 supplemental clerk’s 

record and the supplemental reporter’s record of the hearing are filed in this Court. 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/ Michael Massengale

 Acting individually  Acting for the Court

Date: November 18, 2014