Opinion
13-24-00279-CR
07-23-2024
JONATHAN WAYNE CRYER, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
On appeal From the 36th District Court of Aransas County, Texas
Before Chief Justice Contreras and Justices Tijerina and Peña
ORDER OF ABATEMENT
PER CURIAM.
This cause is before the Court on its own motion. On May 22, 2024, appellant filed a notice of appeal attempting to appeal a judgment of conviction and sentence entered in trial court cause number A-24-5001-CR.
On May 23, 2024, we ordered appellant's counsel to review the record, determine whether appellant has the right to appeal, and submit a letter of her findings within thirty days. Appellant's counsel has not complied with this order and has failed to otherwise demonstrate appellant has the right to appeal the judgment.
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 is 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 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 the supplemental reporter's records of any proceedings to be prepared. The supplemental clerk's records and supplemental reporter's records, if any, shall be filed with the Clerk of this Court within thirty days from the date of this order.