Opinion
13-24-00258-CR 13-24-00259-CR
08-09-2024
MATTHEW ZENUS QUIMBY, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
On Appeal from the 156th District Court of Bee County, Texas
Before Justices Benavides, Longoria, and Silva
ORDER OF ABATEMENT
PER CURIAM.
These causes are before the Court on its own motion. On May 9, 2024, pro se appellant filed letter which was construed as a notice of appeal for trial court cause numbers CR1802032 and CR1802114. On June 11, 2024, the Clerk of the Court notified appellant's counsel that it appears that the appeals were not timely perfected. Appellant's counsel was instructed that if the defects were not corrected within ten days from the date of the notice, the appeals shall be dismissed.
Appellant's counsel has failed to respond to the notices or otherwise cure the defects. 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, 44.4. Accordingly, these appeals are abated, and the causes 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 appeals; (2) whether appellant has effectively abandoned the appeals; (3) if counsel has abandoned the representation of appellant; (4) whether appellant's rights are adversely affected by a continued delay; (5) whether appellant is indigent and new counsel should be appointed; and (6) if any other orders are necessary to ensure the proper and timely pursuit of appellant's appeals.
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.