Opinion
13-23-00556-CR
10-30-2024
JACOB BROWNSON, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 175TH DISTRICT COURT OF BEXAR COUNTY, TEXAS
Before Chief Justice Contreras and Justices Benavides and Silva
ORDER OF ABATEMENT
PER CURIAM.
This cause is before the Court on the State's failure to file the appellate brief. The State's brief was originally due on September 18, 2024. The Clerk of the Court contacted the prosecutor pro tem, the Honorable Richard T. Molina, and he indicated there may be another prosecutor pro tem appointed to prosecute the appeal. To date, there has been no action taken by the State 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. 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 the State is still represented by the Honorable Richard T. Molina; (2) whether the State requires appointment of a new prosecutor pro tem; and (3) whether the State wishes to file an appellate brief.
If new counsel is ordered to represent the State, the name, address, email address, telephone number, and state bar number of said counsel shall be included in an order. The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues to be filed 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 on or before the expiration of thirty days from the date of this order.