Opinion
13-22-00460-CR
06-07-2023
JAMES MICHAEL GRAY, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 36th District Court of Aransas County, Texas.
Before Chief Justice Contreras and Justices Silva and Peña
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. Appellant's brief was originally due to be filed on January 5, 2022, and appellant was granted two extensions to file his brief making it due on April 6, 2023. On April 13, 2023, and on May 5, 2023, the Clerk of the Court sent notice to appellant's counsel indicating the brief was past due and requested the brief to be filed along with a motion for leave within five days of the notice. Having received no response to the notices, no request for an extension of time, and with no other explanation for appellant's counsel's failure to file a brief, we look with disfavor upon the continued delays caused by appellant's counsel in this matter.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 44.3, 44.4. Therefore, this appeal is abated, and the cause is remanded to the trial court. Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant wishes to pursue his appeal; (2) whether appellant's counsel has effectively abandoned the appeal; (3) whether appellant's rights have been adversely affected by a continued delay; (4) whether it should appoint new counsel to timely and effectively pursue this appeal; and (4) if any other orders are necessary to ensure the proper and timely pursuit of appellant's appeal.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court within thirty days from the date of this order.