C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Daniel Lee Harrison v. The State of Texas

Appellate case number: 01

- 1 8

- 00 1 51

- CR

Trial court case number: 1 3 7 0 009

Trial court: 178 th District Court of Harris County

The complete record was filed in this appeal on May 7

, 201 8 . A ppellant’s brief

, therefore, was due on June 6 , 201 8

. See T EX

. R. A PP

. P . 38.6(a). On June 1 3 , 201 8 , the Clerk of this Court notified appellant that the time for filing his brief had expired and,

unless the Court received a motion for an extension of time, with appellant’s brief , or a motion for an extension of time to file appellant’s brief by June 2 5

, 201 8 , the Court

would be required to order the trial court to conduct a hearing pursuant to R ule 38.8. See

T EX

. R. A PP

. P. 38.8(b)(2), (3) ; see also id. 10

. 5(b). Appellant has not filed a brief or otherwise responded to this Court’s notice

. Accordingly, w e abate the appeal and remand for the trial court to immediately conduct a hearing at which a representative of the Harris County District Attorney’s Office and appellant’s appointed counsel, Winifred Akins Pastorini , shall be present.

T EX

. R. A PP . P. 38 .8(b)(2). Appellant shall also be present for the hearing in person or, if

he is incarcerated, at the trial court’s discretion, he may participate in the hearing by

closed

- circuit video teleconferencing. 1

The trial court is directed to:

(1) determine whether appellant wishes to prosecute the appeal; (2) if appellant wish es to prosecute the appeal, determine whether good cause

exists to relieve Winifred Akins Pastorini of h er duties as appellant’s

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 representin g the State or appellant. On his request, appellant and h is counsel shall be able to communicate privately without being recorded or heard by the trial court or the State’s attorney.counsel;

(3) if good cause exists, enter a written order reli eving Winifred Akins

Pastorini of h er duties as appellant’s counsel, including in the order the basis for and finding of good cause, and appoint substitute appellate counsel at no expense to appellant; (4) if good cause does not exist, set a date when appellan t’s brief is due, regardless of whether this Court has yet reinstated the appeal and no later than 30 days from the date of the hearing; (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.

See T EX

. C ODE C RIM

. P ROC

. A NN . art. 1.051(a) , (c) , (d)(1) , 26.04(j)(2) (West Supp.

201 7 ); T EX

. R. A PP

. P. 38.8(b).

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

record with this Court within 30 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 fin dings and

recommendations with this Court within 30 days of the date of this order

. If the hearing is conducted by video teleconference, a certified video recording of the hearing shall also be

filed in this Court within 30 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 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/ Terry Jennings

 Acting individually  Acting fo r the Court

Date: July 10 , 2018