COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Albert Torres Nieves v. The State of Texas

Appellate case number: 01-14-00294-CR

Trial court case number: 1392793

Trial court: 179th District Court of Harris County

The complete record has been filed in the above-referenced appeal. Appellant’s 

appointed counsel, Joe Wells, has not filed a brief on appellant’s behalf. On September 

17, 2014, the Clerk of the Court notified appellant that a brief had not yet been filed and 

required a response within 10 days. See TEX. R. APP. P. 38.8(b)(2). Appellant did not 

respond.

We therefore 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, Joe Wells, 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 is directed to:

(1) determine whether appellant wishes to prosecute the appeal; 

(2) if appellant does wish to prosecute the appeal, determine whether good cause 

 

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 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.
exists to relieve Joe Wells of his duties as appellant’s counsel; 

(3) if good cause exists, enter a written order relieving Joe Wells of his 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 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;

(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), (c), (d)(1), 26.04(j)(2) (West Supp. 

2014); TEX. R. APP. 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 40 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 40 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 40 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/ Chief Justice Sherry Radack

Acting individually  Acting for the Court

Date: December 4, 2014