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Cashat v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 31, 2017
NUMBER 13-17-00124-CR (Tex. App. Aug. 31, 2017)

Opinion

NUMBER 13-17-00124-CR

08-31-2017

SKY CASHAT, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 319th District Court of Nueces County, Texas.

ORDER ABATING APPEAL

Before Justices Rodriguez, Contreras, and Benavides
Order Per Curiam

This cause is before the Court because the court reporter, Esther Natividad, has failed to timely file the reporter's record. The reporter's record in this cause was originally due to be filed on March 31, 2017. The reporter has previously requested and received three extensions of time to file the record, granting the reporter until July 31, 2017. On August 2, 2017, the Court notified the reporter that the record had not been filed and directed her to file the record within ten days or the matter would be referred to the Court. To date, Ms. Natividad has not filed the reporter's record.

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. 37.3(a)(2). Accordingly, this appeal is ABATED and the cause REMANDED to the trial court.

Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine whether appellant has abandoned his appeal. If it is determined that appellant has not abandoned his appeal, the court shall further determine if appellant's attorney of record continues to represent appellant and will diligently pursue this appeal.

The court shall further determine if the reporter's record, or any part thereof, has been lost or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.6(f), if necessary. Otherwise, the court shall determine what steps are necessary to ensure the prompt preparation of a reporter's record, and shall enter any orders required to avoid further delay and to preserve the parties' rights.

The trial court shall prepare and file its findings and orders and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.

IT IS SO ORDERED.

PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed this the 31st day of August, 2017.


Summaries of

Cashat v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 31, 2017
NUMBER 13-17-00124-CR (Tex. App. Aug. 31, 2017)
Case details for

Cashat v. State

Case Details

Full title:SKY CASHAT, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Aug 31, 2017

Citations

NUMBER 13-17-00124-CR (Tex. App. Aug. 31, 2017)