Opinion
13-24-00013-CR
03-28-2024
GERARO MENDIOLA JR., Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 227TH DISTRICT COURT OF BEXAR COUNTY, TEXAS
Before Chief Justice Contreras and Justices Longoria and Peña
ORDER OF ABATEMENT
PER CURIAM
The cause is before the Court on its own motion. On November 06, 2023, appellant filed a document entitled "4th Court of Appeals (Notice)" which was construed as a notice of appeal. On January 5, 2024, the Clerk of the Court sent appellant notice that it appeared there is no final appealable judgment in this cause. To date, appellant's counsel has failed to cure the defect or otherwise respond to the notice.
This case is before the Court on transfer from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001.
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 and 44.4. Therefore, this appeal is abated, and the cause 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.