Opinion
13-23-00416-CR
11-07-2023
MIGUEL OSORIO, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 28th District Court of Nueces County, Texas.
Before Justices Benavides, Longoria, and Tijerina
ORDER OF ABATEMENT
PER CURIAM
The cause is before the Court on its own motion. On September 22, 2023, pro se appellant filed a notice of appeal attempting to appeal a judgment for a felony conviction of unlawful possession of a firearm entered in trial court cause number 20FC-0878A. However, the documents before the Court indicate the matter was not a judgment of conviction but rather an order of deferred adjudication. Furthermore, the trial court's certification of defendant's right of appeal indicates the appellant has no right to appeal.
On September 25, 2023, we ordered appellant's counsel, the honorable Gabriel Vasquez, to review the record, determine whether appellant has the right to appeal, and submit a letter of his findings within thirty days. Appellant's counsel has not complied with this order and has otherwise failed to demonstrate appellant has the right to appeal.
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 finding 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.