COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: Ronnie Dustin Harrison v. The State of Texas

Appellate case number: 01-13-00960-CR

Trial court case number: 1302555

Trial court: 178th District Court of Harris County

On September 23, 2014, we struck appellant Ronnie Dustin Harrison’s brief because it 

disclosed the name of a sexual assault victim under the age of 17. See TEX. CODE CRIM. PROC.

ANN. art. 57.02(h) (West Supp. 2014). We ordered appellant to file a corrected brief that did not 

disclose the victim’s name or other identifying information by October 7, 2014. After appellant 

failed to comply, we notified the parties and the trial court that if appellant did not file his 

corrected brief by December 15, 2014 this Court would abate the appeal and order the trial court 

to conduct an immediate hearing. See TEX. R. APP. P. 38.8(2). Appellant failed to comply with 

the late brief notice. As a result, there is currently no brief on file with the Court of Appeals on 

appellant’s behalf.

Accordingly, we 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 

counsel, Andre Ligon, shall be present. TEX. R. APP. 38.8(b)(2). Appellant shall also be present 

for the hearing in person or, if appellant is incarcerated, at the trial court’s discretion, appellant 

may participate in the hearing by closed-circuit video teleconferencing.1

The trial court shall have a court reporter record the hearing. The trial court is directed to:

(1) make a finding on whether appellant wishes to prosecute the appeal; 

(2) if appellant wishes to prosecute the appeal, determine whether counsel Andre Ligon 

has abandoned the appeal;

 

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 representing the 

State or appellant. On appellant’s request, 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.
(3) if counsel Andre Ligon has not abandoned the appeal:

a. inquire of counsel the reasons, if any, that he has failed to file a corrected 

brief on appellant’s behalf;

b. determine whether appellant has paid counsel’s fee for preparing a 

corrected appellate brief and determine whether appellant has made any 

other necessary arrangements for filing a brief; and

c. set a date certain when appellant’s corrected 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;

(4) if Andre Ligon has abandoned this appeal, enter a written order relieving Andre 

Ligon of his duties as appellant’s counsel, including in the order the basis for the 

finding of abandonment, determine whether appellant is indigent, and:

a. if appellant is now indigent, appoint substitute appellate counsel at no 

expense to appellant;

b. if appellant is not indigent, admonish appellant of the dangers and 

disadvantages of self-representation, and:

i. determine whether appellant is knowingly and intelligently waiving his 

right to counsel and, if so, obtain a written waiver of the right to 

counsel and set a date certain when appellant’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; or,

ii. if appellant does not wish to proceed pro se, provide a deadline by 

which appellant must hire an attorney, which must be no more 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, separate and apart from any docket sheet notations.

See TEX. CODE CRIM. PROC. ANN. art. 1.051(a), (d)(1), (f) (West Supp. 2012); TEX. R. APP. P.

38.8(b); Gonzalez v. State, 117 S.W.3d 831, 837 (Tex. Crim. App. 2003) (stating that 

presumption in favor of right to choice of counsel may be overridden by other factors relating to 

fair and orderly administration of justice); Webb v. State, 533 S.W.2d 780, 784, 785 (Tex. Crim. 

App. 1976) (stating that criminal defendant may not manipulate right to choose counsel so as to 

interfere with fair administration of justice; “The trial court should therefore admonish an 

accused who desires to represent himself regarding the wisdom and practical consequences of 

that choice.”); Carter v. State, No. 01-95-00977-CR, 1997 WL 184385, *1 (Tex. App.—Houston 

[1st Dist.] April 17, 1997, pet. ref’d) (not designated for publication) (“Thus, the public interest 

in the fair and orderly administration of justice may be greater than an accused’s right to have 

counsel of his own choice.”); cf. TEX. CODE CRIM. PROC. ANN. art. 1.051(g) (requiring trial court 

to advise defendant of dangers and disadvantages of self-representation prior to proceeding to 

trial), 26.04(j)(2) (West Supp. 2012) (authorizing trial court to order appointed counsel to 

withdraw after finding of good cause is entered on record).

The trial court clerk is directed to file a supplemental clerk’s record containing the trial 

court’s findings and recommendations with this Court no later than 30 days from the date of this 

order. The court reporter is directed to file the reporter’s record of the hearing no later than 30 
days from 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 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 the reporter’s record 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/ Russell Lloyd

 Acting individually  Acting for the Court

Date: February 10, 2015