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

O RDER

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 a nd required a response within 10 days. See T EX

. R. A PP

. 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 Attor ney’s Office and appellant’s counsel, Joe Wells, shall be present. T EX

. R. A PP . 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 hear ing 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 co mpressed 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 privatel y without being recorded or heard by the trial court or the attorney representing the State.exists to relieve Joe Wells of his du ties 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 ap pellant; (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 T EX

. C ODE C RIM

. P ROC

. A NN . art. 1.051(a), (c), (d)( 1), 26.04(j)(2) (West Supp. 2014); 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 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