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

O RDER

Appellate case name: Traymone Edward White v. The State of Texas

Appellate case number: 01

- 20

- 00238

- CR

Trial court case number: 1527803

Trial court: 177th District Court of Harris Co unty , Texas

A ppellant timely filed a notice of appeal of a judgment of conviction for the felony

offense of murder

. See T EX

. P ENAL C ODE § 19.02

. The clerk’s record was filed on April 27,

2020

. The rep orter ’ s record was filed on May 26, 2020 and June 8, 2 020. On July 17, 2020, the

Clerk of this Court notified appellant that his brief was late and, absent a satisfactory response within 10 days, the Court might be required to order the trial court t o conduct a hearing pursuant

to rule Texas Rule of A p pellate Procedure 38.8. See T EX

. R. A PP

. P . 38.8(b)(2), (3). Appellant has not responded.

Rule 38.8(b) provides that in a criminal case

, an appellant ’s failure to file a brief does not authorize dismissal of the appeal or consideration of the appeal without brie f s
, unless the trial

court has found that the appellant (1) no longer desires to prosecute the appeal, or ( 2 ) i s not indigent but has not made the necessary arrangements for filing a brief. T EX

. R. A PP

. P.

3 8.8(b)(1), (4)

. According ly

, on Octobe r 13, 2020, we abate d this appeal and remand ed the cause to the trial court for further proceedings pursuant to r ule 38.8(b).

T he trial court was ordered to immediately conduct a hearing at which the appellant and a representative of the Harris County District Atto rney’s o ffice would be present in person or via

video teleconference

. The trial court has advised this Court that appellant ’ s unit in the Texas Department of Criminal Justice does not have video teleconferencing capabilities. Accordingly,

t he court may co nduct a telephon ic hearing without video

. 1 T he court coordinator for the trial court shall set a date for the hearing and notify the parties, including appellant. We direct the trial

court to make appropriate written findings of fact and conclusions o f law and sign any necessary

orders on these iss u es :

1 On his request , appellant and his counsel shall be ab le to communi cate privately without being recorded or heard by the trial court or th e State’s attorney.1) W hether appellant wishes to pursue this appeal; 2) If so
, whether appellant ’ s counsel has abandoned the appeal; 3) If so, whether appel l a nt is now indigent and entitled to appointed counse l

, and, if indigent

, app oint appellate counsel at no expense to app e llant; and 4) If appellant is not indigent and his counsel has abandoned the appeal :

a. admonish appellant regarding the dangers and disadvantages of self

representation, and determine whether appellant ha s knowin gly a nd intelligently waived his right to counse l and, if so, obtain a written waiver of the right to counsel; or

b. if appellant does not wish to proceed pro se , provide a deadline by which appellant must hire an attorney, which shall be no later than 30 day s aft er the date of the hearing.

See T EX

. C ODE C R IM

. P ROC

. art. 1.051(a), (c), (d)(1), (f), 26.04; T EX

. R. A PP . P. 25.2(a)(2), (d), (f), Goffney v. State , 843 S.W.2d 583, 584

– 85 (Tex. Crim. App. 1992); Hawkins v. State , 613 S.W.2d 720, 722

– 23 (Tex. Crim. A pp. 1 981); cf

. T EX

. C ODE C RIM

. P ROC

. art. 1.051( g ).

The trial court shall have a court reporter, or court recorder, record the hearing. The trial court clerk is directed to file a supplemental cle rk’s record containing the trial court’s findings

and reco mmend ations with this Court no later than 25 day s from the date of this order

. See T EX

. R. A PP

. P. 34.5 (c). The court reporter is directed to file the reporter’s recor d of the hearing no later tha n 30 days from the date of this order

. See T EX

. R. A PP

. P

. 34. 6 ( d ).

The appeal remains abated and will be reinstated on this Court’s active docket w hen the supplemental clerk’s record and reporter’s record that comply with our order are filed with the

Clerk of this Court. The court coordin ator of the trial c ourt shall set a hearing date and notify the parties.

It is so ORDERED

.

Judge’s signature:

_________ __ /s/ Russell Lloyd

__________ Acting individually

Date: October 22 , 2020