Opinion
13-23-00313-CR
11-30-2023
JOSHUA DELEON, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 156th District Court of Live Oak County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Silva and Peña
PER CURIAM
This cause is before the Court on its own motion. Appellant's brief was originally due to be filed on September 6, 2023. On September 6, 2023, September 19, 2023, and on November 7, 2023, the Clerk of the Court sent notices to appellant's counsel indicating the brief was past due and requesting the brief to be filed within ten days of each notice. To date, appellant's counsel has failed to respond to the notices, failed to request an extension of time, and has provided no explanation for his failure to file a brief.
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. Therefore, 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's counsel has effectively abandoned the appeal; (3) whether appellant's rights have been adversely affected by a continued delay; (4) whether it should appoint new counsel to timely and effectively pursue this appeal; and (5) 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 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.