Opinion
13-23-00097-CR
02-22-2024
REYNALDO RIOS JR., Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 117th District Court of Nueces County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER OF ABATEMENT
PER CURIAM
Order Per Curiam
The cause is before the Court on its own motion due to appellant's failure to file a brief. On March 6, 2023, appellant filed a notice of appeal for a judgment of conviction entered on February 23, 2023, in trial court cause number 19FC-3643B. Appellant's brief in the matter was originally due to be filed on or before November 29, 2023.
On November 30, 2023, the Clerk of the Court notified appellant that his brief was past due. On December 11, 2023, appellant's first motion to extend the time to file appellant's brief was granted, and the time to file a brief was extended to January 29, 2024. On January 31, 2024, the Clerk of the Court notified appellant that the brief was past due. To date, appellant's counsel has failed to cure the defect and has otherwise provided no explanation for her failure to respond.
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.