1 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: Blake Alan Cotton v. The State of Texas

Appellate case number: 01

- 14

- 00444

- CR

Trial court case number: 1421756

Trial court: 248th District Court of Harris County

The record on this appeal is incomplete. Only a portion of the clerk’s record h as been provided to this Court, and we have been notified by the court reporter that arrangements have not been made for payment of the record.

We currently lack a sufficient record to determine if appellant is indigent for purposes of appeal and entitled to appointed counsel and access to the full clerk’s record and reporter’s record without charge.

Accordingly, we abate this appeal and remand the case to the trial court for a hearing at which appellant shall be present in person. The court coordinator of the trial court shall set a date for said hearing and notify the parties, including appellant. If appellant is now incarcerated, he may appear by closed video teleconferenc e. 1 We direct the trial court to make appropriate written findings of fact and conclusions of law and to execute any necessary orders on these

issues:

1) Whether appellant still wishes to pursue this appeal;

2) If so, whether appellant is now indigent and enti tled to appointed counsel; and, if indigent,

a. appoint counsel on appeal, and

b. order the court reporter to file the reporter’s record with this Court at no cost to appellant; 3) If appellant is not indigent:

a. whether he has retained an attorney to file a brief, and, if so, obtain the

1 Any such teleconference must use a closed

- circuit video teleconferencing system that provides for a simultaneous compressed full motion video and interactive communicat ion of image and sound between the trial court, appellant, and any attorneys representing the State or appellant. On request, appellant and his counsel shall be able to communicate privately without being recorded or heard by the trial court or the

attorn ey representing the State.2 name, address, and telephone number of retained counsel;

b. if appellant has not retained counsel, the trial court shall admonish appellant of the dangers and disadvantages of self

- representation , and

i. determine whether appellant is kno wingly and intelligently waiving his right to counsel; or,

ii. if appellant does not wish to proceed pro se, provide a deadline by which appellant must hire an attorney.

See T EX

. C ODE C RIM

. P ROC

. A NN . art. 1.051(a), (f); Oliver , 872 S.W.2d at 716; Minjares , 57 7 S.W.2d at 224; cf. T EX

. C ODE C RIM

. P ROC

. A NN . art. 1.051(g).

The trial court shall have a court reporter, or court recorder, record the hearing and file the reporter’s record with the Court no later than 30 days from the date of this order Additionally , the trial court’s findings and recommendations and any orders issued pursuant to this hearing shall be included in a supplemental clerk’s record and filed in this Court no later

than 30 days from the date of this order . If the hearing is conducted by vi deo teleconference, a certified electronic copy of the hearing shall be filed in this Court 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 appeal will be reinstated on this Court’s active docket when the supplemental clerk’s record and reporter’s record of the hearing are filed in this Court.

It is so ORDERED.

Judge’s signature: / s/ Harvey Brown



Date: J anuary 29, 2015