Opinion
NUMBER 13-17-00315-CR
10-05-2017
RANDY HERRERA, APELLANT, v. THE STATE OF TEXAS, APPELLEE.
On appeal from the 347th District Court of Nueces County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Valdez and Justices Contreras and Hinojosa
Order Per Curiam
The reporter's record in this cause was due to be filed on July 3, 2017. According to reporter Myra Haney, appellant has failed to request a reporter's record. On August 1, 2017, the Clerk of the Court notified appellant's retained counsel that the record had not been filed and that the Court would consider and decide those issues that do not require a reporter's record for a decision. Counsel was directed to file the brief on or before August 31, 2017. Counsel has failed 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. 37.3(a)(2). Accordingly, this appeal is ABATED and the cause REMANDED to the trial court.
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 the appeal; 2) whether retained counsel has abandoned the appeal; 3) whether appellant is indigent; 4) if appellant is indigent, whether new counsel should be appointed to represent appellant on appeal; 5) whether appellant is entitled to have the reporter's record furnished without charge; 6) if appellant is not entitled to have the reporter's record furnished at no charge, the date appellant will request preparation and make acceptable payment arrangements for the reporter's record; and 7) what orders, if any, should be entered to assure the filing of appropriate notices and documentation to dismiss appellant's appeal if appellant does not desire to prosecute this appeal, or if appellant desires to prosecute the appeal, to assure that the reporter's record will be filed promptly and that the appeal will be diligently pursued.
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.
IT IS SO ORDERED.
PER CURIAM Do not publish.
Tex. R. App. P. 47.2(b). Delivered and filed the 5th day of October, 2017.