Opinion
13-23-00484-CR
03-14-2024
ABEL GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 275th District Court of Hidalgo County, Texas.
Before Contreras Chief Justice and Longoria and Peña Justices.
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. On November 8, 2023, appellant filed a pro se notice of appeal for a denial of a bond reduction in trial court cause number CR-1114-22-E. On November 9, 2023, the Clerk of the Court notified appellant's counsel that it appears there was no final, appealable order. Appellant's counsel was instructed that if the defect was not corrected within thirty days, the appeal may be subject to dismissal.
Appellant's counsel has failed to respond to the notice or otherwise cure the defect. 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 there is a signed order denying a bond reduction; (2) whether appellant wishes to pursue his appeal; (3) whether appellant has effectively abandoned the appeal; (4) if counsel has abandoned the representation of appellant; (5) whether appellant's rights are adversely affected by a continued delay; (6) whether appellant is indigent and new counsel should be appointed; and (7) 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.