Opinion
13-23-00400-CR
11-06-2023
JEREMY DANIEL RODRIGUEZ A/K/A JEREMY RODRIGUEZ,Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 445th District Court of Cameron County, Texas.
Before Justices Benavides, Longoria, and Tijerina
ORDER PER CURIAM
PER CURIAM
This cause is before the Court on its own motion. On August 17, 2023, appellant attempted to perfect an appeal of a judgment of conviction in trial court cause number 2022-DCR-594-I. The trial court's certification of defendant's right to appeal shows that defendant does not have a right to appeal. On September 11, 2023, we ordered appellant's counsel to review the record, determine if appellant has a right to appeal, and to respond with a letter containing their findings. Appellant's counsel has not complied with this order and has failed to otherwise demonstrate appellant has the right to appeal.
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. Accordingly, 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 has effectively abandoned the appeal; (3) if counsel has abandoned the representation of appellant; (4) whether appellant's rights are adversely affected by a continued delay; (5) whether new counsel should be appointed; and (6) if any other orders are necessary to ensure the proper and timely pursuit of appellant's appeal.
The trial court shall cause its finding 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.