Order entered January 15, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01246-CR
JOHNATHAN COOPER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 297th District Court
Tarrant County, Texas
Trial Court Cause No. 1031532D
ORDER
Johnathan Cooper appeals the trial court’s findings on his post-conviction DNA testing.
Although originally filed in the Second Court of Appeals, this case was transferred to this Court
on September 26, 2018 by the Texas Supreme Court pursuant to a docket equalization order.
TEX. GOV’T CODE ANN. § 73.001.
Appellant filed a pro se notice of appeal. The same day, the trial court appointed trial
counsel as appellate counsel. In December 2018, appellant filed a motion to abate for a hearing
on counsel stating he had filed a State Bar grievance and a legal malpractice claim against trial
counsel. We denied that motion. Since then, appellant has filed three additional pro se motions
and/or correspondence seeking a hearing on appellate counsel.
Because there may be a conflict, we ORDER the trial court to hold a hearing to
determine whether appellant should be appointed new counsel in this appeal. If the trial court
cannot obtain appellant’s presence at the hearing, the trial court shall conduct the hearing in
appellant’s absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.–Corpus Christi 1987, no
pet.) (per curiam).
We ORDER the trial court to transmit a record, containing written findings of fact, any
supporting documentation, and any orders, to this Court within THIRTY DAYS of the date of
this order.
We DIRECT the Clerk to send a copy of this order to the Honorable David Hagerman,
Presiding Judge, 297th Judicial District Court, Tarrant County; to Michael Berger; to appellant
Johnathan Cooper, TDCJ# 01862306, Roberson Unit, 12071 FM 3522, Abilene, TX 79601; and
to the Tarrant County District Attorney’s Office.
We DEFER ruling on the January 8, 2019 motion for extension of time to file appellant’s
brief until the hearing on counsel has been held and the Court has received the trial court’s
findings.
This appeal is ABATED to allow the trial court to comply with this order. The appeal
shall be reinstated thirty days from the date of this order or when the findings are received,
whichever is earlier.
/s/ LANA MYERS
JUSTICE