Opinion
13-23-00092-CR
10-10-2023
ISMAEL CASO JR. A/K/A ISMAEL CASO, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 103rd District Court of Cameron County, Texas.
Before Justices Benavides, Longoria, and Tijerina
SUPPLEMENTAL ORDER OF ABATEMENT
PER CURIAM
The cause is before the Court on its own motion. On July 6, 2023, this matter was abated and remanded to the trial court to determine: (1) whether appellant desired to prosecute this appeal; (2) whether appellant had been denied effective assistance of counsel; and (3) what steps are necessary to ensure the prompt preparation of a reporter's record.
On August 21, 2023, the trial court issued findings that appellant desires to prosecute this appeal and that he had not been denied effective assistance of counsel. Furthermore, the trial court ordered appellant to tender, in the form of two cashier's check, the full cost of the clerk's record and reporter's record within thirty days from the date of the Order.
To date, this Court has not received either the clerk's record or the reporter's record. Accordingly, the trial court is ordered to make the following determinations: (1) whether appellant has complied with the trial court's order and made sufficient payment for the clerk's record and reporter's record, and, if the payments have not been made (2) whether appellant has effectively abandoned this 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 twenty days from the date of this order.