Opinion
13-24-00012-CR
02-13-2024
EX PARTE BILLY WILSON
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 94th District Court of Nueces County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER OF ABATEMENT
PER CURIAM
The cause is before the Court on its own motion. On January 3, 2024, appellant filed a notice of appeal attempting to appeal an order lowering the bond amount in a writ of habeas corpus hearing which was entered in trial court cause number 23FC-3828C on January 3, 2024.
On February 5, 2024, appellant's counsel filed a letter indicating appellant was transferred to the Bexar County jail rendering the appeal moot. However, appellant's counsel has been unable to secure appellant's signature required for a motion to dismiss.
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 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 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.