Opinion
13-24-00116-CR
03-26-2024
DANIEL GOMEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 197TH DISTRICT COURT OF CAMERON COUNTY, TEXAS
Before Chief Justice Contreras and Justices Longoria and Peña
ORDER OF ABATEMENT
PER CURIAM
The cause is before the court on its own motion. First, the clerk's record was due to be filed on or before March 11, 2024. On March 12, 2024, the Clerk of the Court notified appellant that the deputy district clerk, Silvia Mata, has notified the Court that appellant had failed to make arrangements for payment of the clerk's record. Appellant was notified that unless he made arrangements to pay for the clerk's record and proof of payment was provided to the Court within ten days, the appeal was subject to dismissal for want of prosecution. See Tex. R. App. 37.3(b).
Second, on March 15, 2024, the Clerk of the Court requested that the district clerk provide a copy of the trial court certificate. See Tex. R. App. 25.2(a)(2). To date, we have not received a certification or a response from the trial court clerk. This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. 37.3(a)(2). Accordingly, this appeal is abated, and the cause remanded to the trial court.
On remand, if a trial court certification has been entered, the trial court shall cause the certificate to be provided to the Clerk of the Court within five days of this order. However, if a trial court certification has not been signed and entered, the trial court shall immediately issue notice of a hearing and accordingly conduct a hearing addressing the foregoing matter. We further direct that, after conducting the hearing, the trial court certify whether appellant has the right of appeal and shall cause such certification to be filed with the Clerk of the Court within thirty days of this order. Should the trial court require more time to comply with the directions of this Court, it shall request an extension prior to the expiration of this deadline.
Additionally, upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine the following:
1. Whether appellant desires to prosecute this 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 appellant is indigent and entitled to new counsel and/or a free record; and, 5. What orders, if any, should be entered to ensure the proper pursuit of appellant's appeal.
If the trial court determines that appellant does want to continue the appeal and that appellant is indigent and entitled to court-appointed counsel, the trial court shall appoint counsel to represent appellant in this appeal. If counsel is appointed, the name, address, telephone number, email address, and state bar number of said counsel shall be included in an order appointing counsel.
The trial court shall prepare and file its findings and orders and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.