Opinion
13-22-00330-CR
08-18-2022
EX PARTE NATHANIEL CARL BANKS JR.
Do not publish. TEX. R. APP. P. 47.2(b).
On appeal from the 85th District Court of Brazos County, Texas.
Before Justices Benavides, Hinojosa, and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court regarding the appellant's failure to request a reporter's record. On July 27, 2022, the Clerk of this Court notified appellant that the reporter's record was originally due on July 20, 2022, and that the court reporter, Paula K. Frederick, had notified this Court that appellant failed to request a reporter's record and has not made arrangements for payment of the record. Appellant failed to respond to the Court's notices. 1
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. 35.3(b), (c). 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 appellant has abandoned his appeal; (2) whether his present attorney will diligently pursue the appeal; (3) if it be determined that the present attorney will not diligently pursue the appeal, whether appellant is indigent, and if so, whether other counsel should be appointed to represent him; (4) if it be determined that appellant is indigent, whether he is entitled to a free record; (5) if appellant is not indigent and the present attorney will not diligently pursue the appeal, what steps need to be taken to ensure that appellant will promptly obtain the services of another attorney to pursue the appeal; and (6) if any other orders are necessary to ensure the proper and timely pursuit of appellant's appeal. If new counsel is appointed, the name, address, email address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel.
The trial court shall cause its findings, together with any orders it may enter, 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 shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order. 2